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r Post Office Box 1101 MOOERS Kamuela,Hawaii 96743 ENTERPRISES LLC Phone(808) 880-1455. � Fax(808) 880-1456 Land Use Alternatives gmooers@hawaii.rtconi L . May 25,2018 O�3' ?� C: YL:..a7"' Michael Yee Director Planning Department County of Hawaii y 101 Pauahi Street,Suite 3 Hilo,Hawaii 967420 Re: Change of Zone Ordinance No.05 66 Agricultural 20-acres(A-20a)to Agricultural 10-acres(A-10a) Subject: Five(5)year Time Extension to"D"(Final Subdivision Approval) Applicants and Owners: Bruce B.A.Easley and Austin K.P.Easley Kaloko,North Kona,Hawaii Tax Map Key:(3)7-3-027:007 Dear Mr.Yee: In 2005,the County Council approved the ordinance identified above to change the zoning of the subject property from Agricultural 20-acres (A-20a) to Agricultural 10-acres (A-10a) with fourteen (14) conditions. Condition"D"required Final Subdivision Approval be secured within five(5)years from the effective date of the ordinance, May 16, 2005. It has been thirteen (13)years since this ordinance was approved and the applicants did not obtain the Final Subdivision approval during this period due to financial constraints. Condition"N"provides for an administrative time extension,but only for a period not longer than the original period of time allotted to comply(five years). This is no longer an option. The applicants/owners hereby request an amendment to condition "D". of Ordinance 05-66 to allow an additional five(5)years from the effective date of the requested amendment to secure Final Subdivision Approval. We believe the non-performance is the result of conditions that could not have been foreseen or are beyond control of the applicants, successors or assigns,and that are not the result of their fault or negligence;granting of the time extension would not be contrary to the General Plan or Zoning Code;and granting the time extension would not be contrary to the original reason for granting the change of zone. We believe the criteria used by the Director in 2005 when making a favorable recommendation to the Planning Commission, the Commission's favorable recommendation to the County Council and the County Council's approval are still applicable today. We request the Director send this amendment to the Hawaii Leeward Planning Commission with a favorable recommendation and ultimately to the County Council for action. 118670 Nanning Dept Exhibit