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<br /> <br /> <br /> <br /> <br /> <br /> <br /> Honorable Helene H. Hale, Councilwoman <br /> Page 2 <br /> November 20, 1989 <br /> <br /> 10,000 square feet of property by way of ohana permits, this is <br /> n2t 'subterfuge,' because it is legally permissible through <br /> Hawaii County Code chapter 25, article 25. The ohana permit was <br /> intended to allow two separate single family residential units <br /> on a 10,000 square foot lot in an RS-10 district. No illegal <br /> tactic is being attempted. If the subdivision had been sold as <br /> individual 10,000 square foot lots, with a single family <br /> residence on each one, it would be legally possible for each of <br /> those lots to eventually have two single family residences on <br /> it, because it would be possible for each of those lots to <br /> obtain an ohana permit. The conveyance of each unit separately <br /> as part of a condominium property regime is not necessarily a <br /> subdivision of the underlying property. We believe that as the <br /> Hawaii County Code and the Hawaii Revised Statutes now stand, <br /> developments such as Kamani Trees are not prohibited. If the <br /> Council concludes that it is not in the public's best interest <br /> to allow more of these developments, then the Council has the <br /> power to amend the County Code to provide more stringent <br /> regulations in the area of ohana permits to attempt to assure <br /> that there will not be similar developments in the future. <br /> As was pointed out in this office's opinion of October 3, 1989, <br /> if the ohana law were amended to bar the granting of ohana <br /> permits to any piece of land smaller than 15,000 square feet, it <br /> would insure that single family residential density would never <br /> be greater than one single family residence per 7,500 square <br /> feet of land, which is the maximum single family residential <br /> density allowed by the zoning code. It would also be possible <br /> to amend the subdivision code to allow the Planning Director to <br /> impose restrictions on ohana permits as a condition of <br /> subdivision approval. Still another possible change would be to <br /> amend the ohana law to bar multiple applications for ohana <br /> permits after subdivision approval, as is being done with Kamani <br /> Trees. All of these are viable alternatives. <br /> Conveyances of property under the condominium property regime is <br /> however a matter of state legislation. <br /> Please contact this office if there are any questions. <br /> Very truly yours, <br /> RICHARD I. MIYAMOTO <br /> Corporation Counsel <br /> <br /> By <br /> FREDERICK GIANNINI <br /> Deputy Corporation Counsel <br /> xc Mayor's Read File <br /> FG:de <br /> 4 <br />