2005-12-02 TOSHIRO - Laserfiche WebLink

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YUEN:There are so many things that can happen even in an RS-10 zone that will affect your view over your neighbors property that its difficult to say that thats going to be the deciding factor in how you treat a rezoning. The people, they can plant trees, they can build a house. Im not sure how tall a house would be to block the view from the neighbors property there; but you can build a single family home thats not much lower than that building. So it is difficult to protect the viewplane of an individual neighbor in a land use process like this. I mean, Im not talking about, when we have SMA permits, when youre talking about big projects, theres, the SMA permit talks about protecting the viewplane from a public highway to the sea. That is something that were supposed to protect. But in the context of an individual rezoning application its a -. I understand completely why the neighbor wants to have the view that theyve always had. But to say that we are not going to allow a rezone because of that, its not necessarily going to have that effect because they could possibly do something that blocked it anyways. And its also, it has the effect of giving an easement over the neighbors property for the sake of the neighbor.Inotherwords,itssomethingthatpeopleactuallypurchasesometimesin developments is a viewplane easement. There were a lot of complaints about -. The building is not occupied yet, right? BLACK:The new building? YUEN:Yeah. BLACK:No, close. Theyre painting and stuff. YUEN:All right. There were a number of complaints about problems during the construction process. BLACK:Thats such an understatement. YUEN:The noise, noise enforcement is with the State Department of Health. Ive not, you know, Ive had issues, Ive contacted the State Department of Health myself about noise issues and not been very impressed by the enforcement. But that is the enforcement level. They have noise regulations for construction next to residential areas; and thats where the complaints are to go. I dont know if the complaints were made and they had an unsatisfactory response with that. The traffic is a function of other things happening. The, any traffic thats increased in the area because of this office building is not, the office building isnt occupied, there may be some increase thats due to construction workers coming in and out or construction vehicles, dump tricks, and the like; but its not currently due to the office building. And youre going to have, theres going to be a level of commercial development in Hilo as the population increases and it is going to cause some traffic in one area or another. What did you, you wanted to talk more about a community development plan. One, this, the issue thats coming up here is very similar to an issue that was raised in our rezoning for the Ameri Quest Mortgage Company, its very similar. And its, similar issues have come up in the Waiakea House Lots area. And I have to say Im not, you have this question of some kind of commercial development next to residential neighborhoods, when and what is the level of 11EXHIBIT A