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• SidneyFuke, Pia ig Consultant <br /> 100 Pauahi Street,Suite 212•Hilo, Hawaii 96720 •Planning•Variance•Zoning <br /> Telephone:(808)969-1522•Fax:(808)969-7996 •Subdivision•Land Use Permits <br /> E-mail:sidfukeehawaiiantel.net •Environmental Reports <br /> 2C'., JUL 2,7 Phi 3: 23 <br /> July 29, 2010 <br /> Ms. BJ Leithead Todd,Director <br /> Planning Department <br /> COUNTY OF HAWAI'I <br /> 101 Pauahi Street <br /> Hilo,HI 96720 <br /> Dear Ms. Leithead-Todd: <br /> Subject: Variance Application—1250 Oceanside Partners <br /> Pursuant to our meeting of July 28,2010,I am returning the subject matter for your <br /> review and processing. Also enclosed is the$100 filing fee,which was returned to my office. <br /> As discussed,your office will continue to process the variance as generally outlined in my letter <br /> of July 15,2010. <br /> Specifically,notwithstanding the past actions taken on the prior subdivision approvals,a <br /> de facto variance for Phases I and II will be entertained. Furthermore,the request will also cover <br /> the pending Phase III(North, South, and East)subdivision applications. Relative to Phase III— <br /> North and South, subsequent to action on the variance,Condition 4f of the tentative approval <br /> letter,dated July 10,2007,would be amended to reflect action of the variance. Furthermore, <br /> since the roadway requirements for Phase III-East are already known,this variance would also <br /> apply to this application as well. <br /> Relative to road improvement standards to Halekii Street and/or any roads within the <br /> project area,the operable ordinances and conditions are found in Condition M(4)of Ordinance <br /> 96 7 and Conditions L and M of Ordinance 96-8,pertinent excerpts of which are attached. In <br /> Ordinance 96 7,there are no specific standards identified except that it implies that the plans be <br /> subject to the Department of Public Works' approval. Condition M of Ordinance 96 8 states that <br /> certain roads need to be dedicated to the government. Again,there are no direct references to <br /> road standards. <br /> Given the above,we request that the variance also cover that section of Halekii Street <br /> between the By-Pass and the Kona Scenic Subdivision. However, if you determine that the <br /> • appropriate zoning condition(s)must still be amended,we request that you make its applicability <br /> subject to an amendment to the appropriate zoning condition. <br /> SCANNI 1)' <br /> O oil 2830 <br /> By: <br /> EXHIBIT 20 <br />