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purposes since said recordation, even though an unknown number of these lots were <br /> never a part of a County approved subdivision. <br /> Additionally, these lots have, in good faith, changed ownership one or more <br /> times; undergone consolidation and/or subdivision actions; and building permits for <br /> dwellings and other structures have been issued for many of them. <br /> Under these circumstances, the Planning Director has determined that it may be in <br /> the best interest of the innocent, grantee property owners, including successor interests, <br /> that these lots so recorded, but never approved by the County through subdivision, also <br /> be recognized as "pre-existing lots" of record. The current Subdivision Code recognizes <br /> "pre-existing lots" where, through certain, defined criteria, documentation of its existence <br /> as a legal lot of record can be provided. However, the department has encountered many <br /> "existing lots" noted on tax maps that never secured Hawai`i County subdivision <br /> approval, but have been taxed and inadvertently recognized as buildable lots until it is <br /> discovered that no subdivision approval or other "pre-existing" criteria was secured. <br /> PROPOSED AMENDMENTS <br /> This bill is initiated by the Planning Director to add an additional criteria to <br /> determine a pre-existing lot of record as follows: <br /> "Section 23-118. Criteria to determine a pre-existing lot. <br /> (c) The lot was created through evidence of a properly prepared deed and/or <br /> subdivision plat for fee simple ownership of such lot to a grantee other than the <br /> grantor or a grantor's trust which deed was recorded at the State of Hawai`i Bureau <br /> of Conveyances or with the Registrar of the Land Court prior to May 1, 1999, and <br /> was subsequently depicted on a County of Hawai`i Tax Map, was issued a tax map <br /> parcel number therefor, and was individually assessed for real property taxation <br /> purposes_" <br /> RECOMMENDATION <br /> For the reasons detailed above, the Planning Director recommends that the <br /> Leeward and Windward Planning Commissions send a favorable recommendation to <br /> the Hawaii County Council regarding this bill adding a criteria for determining a <br /> pre-existing lot of record. <br /> -2- <br />