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SidneyFuke, Pla. .g Consultant / <br /> 100 Pauahi Street,Suite 212•Hilo,Hawaii 96720 h •Planning•Variance•Zoning <br /> maA171.1nr * <br /> Telephone (808)969-1522•Fax:(808)969-7996 i •Subdivision•Land Use Permits <br /> E-mail. sidfuke@hawaiiantel.net •Environmental Reports <br /> 2U)10 JUL 15 MMD 52 <br /> July 15, 2010 <br /> Ms. BJ Leithead Todd, Director <br /> Planning Department <br /> COUNTY OF HAWAII <br /> 101 Pauahi Street <br /> Hilo,HI 96720 <br /> ATTN: Mr. Joaquin Gamaio <br /> Dear Ms. Leithead-Todd: <br /> Subject: Variance Application— 1250 Oceanside Partners <br /> In a letter,dated July 6,2010,which was received on July 14,your office returned the <br /> subject application. I appreciated the time spent with me to go over this letter yesterday to <br /> clarify certain aspects of it and provide me with additional direction. <br /> Based on our discussion, it is my understanding that your department's position is that a <br /> road variance for Phases I, II,and III(North and South)is not needed,as constructions plans <br /> reflecting the requested road rights-of-way variance or relief for those phases were approved by <br /> the Departments of Public Works and Planning. Furthermore,bonds for the construction of <br /> those approved plans for Phases I and II were posted prior to receipt of final subdivision <br /> approvals,while Phase III(North and South)is still pending review. <br /> While that is an understandable and perhaps an expedient position,I noted that to make <br /> the project technically compliant with the Subdivision Code,a variance would be appropriate. <br /> This would be akin to your processing and approving setback variance requests for projects that <br /> were approved in the past based on an erroneous setback. Legitimizing those actions via the <br /> variance process precludes land title-related questions in the future. That was the intent of the <br /> 1250 Oceanside Partners' ("Oceanside")variance request. <br /> In addition to having the variance cover Phases I and II,Oceanside wanted it to also <br /> include Phase III(North and South)and Phase III (East). We note that although the construction <br /> plans for Phase III(North and South)may have been approved without improvements to the <br /> rights-of-way,Condition 4f of the tentative approval letter still contains the requirement for full <br /> improvements. Hence, Oceanside also wanted the variance to cover that portion as well thus <br /> enabling you to subsequently amend that particular condition. SCANNED <br /> By:0 ikils <br /> EXHIBIT 19 <br />