2006-02-03 TRaymond - Laserfiche WebLink

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happen in their community; and Councilman Hoffman is certainly very attuned to that. But technically this falls a little bit outside South Kohala so probably it doesnt really fall within their jurisdiction. And my concern is, you know, just moving essentially residential areas out into our Ag land. And so thats why I was kind of conflicted about making a recommendation positive at the beginning. But when I looked at the specifics, well, the map is changed, but its located across the street from other similarly sized parcels and it is on the Mauna Kea Mountain side of Old Mamalahoa Highway, so its not impinging on the pasture land thats actively used and viewed by all of the folks on the main throughway, highway. And so, you know, on balance, I feel like the community is probably not going to resolve this direction as to whether this zoning is appropriate or not in the near future. And given the particulars of the application, I think I can support it. ALAMEDA:Commissioner Springer. SPRINGER:Couldtheapplicantsfamilydividetheirinterestthatisnowheldin common on this property without going through subdivision? ALAMEDA:Mr. Director? YUEN:No. ALAMEDA:Commissioner Springer? YUEN:No. This is a tough aspect of the land use laws; and the effect of -. You can, you know, say you have eight family members own a piece of property in undivided interest, informally amongst yourselves you can agree you get to grow things over there, and you get to grow things over there. But thats not a legal division of the property with respect to the outside world. The subdivision is the only thing that does that. The subdivision is the only thing that enables you to have a piece of, to break that property up into individual lots that you as an individual can own and convey separately from the rest of the property. Thats the fundamental importance of subdivision. ALAMEDA:Commissioner Springer. SPRINGER:So then regardless that the family has held the property since 1877 in leasehold and then in fee simple, in this generation in order for them to divide the property amongst the family, they have to subdivide, and they must be subject to the in-lieu fees or some sort of affordable housing aspect? ALAMEDA:Mr. Director? YUEN:Well, the first part is right. There is, the only exception to subdivisions, we get things, we have what we call pre-existing lot determinations in the Planning Department where there are old grants that are submerged within a tax map key or somebody can prove that the property was actually conveyed before there was a subdivision law that controlled it. What happens in the tax map system is that particularly in plantation areas they would combine grants into one tax map key and, for administrative purposes and billing purposes. The Planning 17EXHIBIT A