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Bernard r. AkaN Mayor Richard 1. Wyamoto co,pora~ C~i Office of the Corporation Counsel Assistant rrpo~titon Counsel w OeTr Wi; Hilo tASooo Centre • 101 Aupunl Stmt, Suite 325 • H110, Hawrail %720 a (808) %1-8231 n~~ G a December 21, 1989 PILE COPY J CIV CHIEF ACCT/ CC MEMO TO: Planning Director FROM Frederick Giannini, Deputy Corporation Counsel SUBJECT: Condominium Property Regime 149-A/B Puako Beach Drive TMK• 6-9-6:41 This is in response to your May 26, 1989 inquiry about the above-noted Condominium Property Regime (CPR). You have asked whether or not the project in question violates any of the County of Hawaii's ordinances concerning subdivisions or zoning. Our response is that it does not. The facts are as follows: the property in question is a 14,000 square foot lot in an area zoned RS-10 (one single family residence per 10,000 square foot lot). On July 18, 1984, an ohana permit was granted pursuant to Hawaii County Code, chapter 25, article 25. The owner of the property then constructed a second single family dwelling on the property. In April of 1989, the owner applied to the Real Estate Commission to create a CPR on the property, pursuant to HRS chapter 514A. The documents filed with the Real Estate Commission describe two individual units, consisting of two separate 952 square foot single family, two bedroom residences, common elements, and 'limited common elements. The 'common elements' include the real property, a fence separating the two individual units, and utility installations. Under 'limited common elements,' the document states: Certain parts of the common elements,'herein referred to as the 'limited common elements,' are designated and set aside for the exclusive use of one or more apartments, and such apartment(s) shall have appurtenant thereto exclusive easements for the use of such limited common elements. The limited common elements so set aside and reserved are as follows: