COM 0766.026 2004-2006 - Laserfiche WebLink

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What my research revealed: What I did find out is that any side of a house facing a roadway is considered a "front of the house" and requires a 15 foot set-back (SEC.25-5-7). The two abutters on the south side of MG my lot 76 and mauka #77 both only have little more than 9 feet of set back from the road. It appears that the developer may have failed to follow existing county and state set-back requirements for these lots. The road-way stub out as it exists is 60 feet wide. I believe that this right-of-way is not wide enough to accommodate either the required 80 feet for a "Secondary Arterial" or the 60 feet required for a "Collector Road" which would still be insufficient because of the property setback violations mentioned previous on lots #76 and #77. Because of this, I believe that, if this road is built, it would be non-conforming and it would be unlikely that the county or state would accept the management of the road. I implore the county council to allow the Malulani Gardens "secondary easement" to be repositioned to the considerably wider mauka lot offered by MG Developer Brian Cook and, in Richard Wheelock's letter to Scott Bell(page 5), "acceptable by SCD Kona 108 LLC". This compromise will offer a wider right-of-way, enough area to install sound deflection walls, a flat grade surface that will not be a danger to drivers or homeowner's (see aerial photua) and area enough to expand the roadway if it is needed in the future. I believe that relocating the a mid-level road to the mauka lots of Brian Cook would be more in the spirit of what the PUD envisioned when the mid-level roadway was required in 1992 ( increase community interaction) . It road could be of great value and legacy to the entire Kona community, but it should be planned to accommodate the increased traffic volume that will increase over the years and take into consideration the human aspect that it will benefit. Sincerely; Michael and Toni Flaherty