2010-02-05 TTUTTLE HALE OHIA - Laserfiche WebLink

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DARROW: Correct. IWASHITA: Okay. And that map shows all of the parking stalls that you observed when you went for your site inspection, is that correct? DARROW: Yes. IWASHITA: Okay, thank you. WOODWARD: Okay, Mr. Tuttle, you can have a seat. Thank you very much. AU: Commissioner Rell, I’ve got one thing to ask. WOODWARD: Oh, I guess we have one more question for you. Commissioner Au. AU: I share Commissioner Iwashita’s concern. You know, is that a property line, that road? Is that a property line? Is that three separate lots? DARROW: Correct. AU: Okay, yeah, you know, it’s just -. A property line is a property line and there are setbacks within that. And, yeah, sure you’re grandfather claused in with that cottage right on your property line. But, you know, that is a property line, so I do share Commissioner Iwashita’s concern. You know, I myself own two properties that’s side by side, very similar like that, and it’s still a property line. You know, I put in things on my property and I have to follow the same rules as a property line. So, you know, if that is a property line and that is actually three lots, the road is one lot, and it’s being subdivided, you know, that still is a property line. So I do share his concerns, if it is. WOODWARD: Madam Director? LEITHEAD TODD: I was going to explain that the way some of these pre-existing nonconforming structures work is that we recognize they’re nonconforming. And unless there is, you know, like a situation where you’re selling off the lot and the guys that’s buying the lot objects to the structure being there so that you’ve got to remove it, or if you subsequently wanted to dedicate the road to the County, then you’d have to remove the encroachment. But we actually in many places on the island have old structures that got built in the wrong place and encroached even on County’s rights-of-way on the roads. And so as long as the County isn’t widening the road we don’t make them tear the structure. And there’s one I’m familiar with up in Kaumana. You know, if the County ever paves to the edge of their right-of-way then the structure has to be torn down. If the structure burns the property owner cannot rebuild it in the place that it currently exists. He would have to then conform to the setbacks on the property line. But basically on a lot of these because they were built so long ago we don’t, unless there is some other reason to make them tear it down or move it, we basically allow these structures to remain -- until such time as either the structure is renovated more than 50 percent, in which case 14 EXHIBIT D