2026-06-10 Gary Rosenberg Appeal of Decision by Planning Director 17023016.pdf

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Specific Code Sections for Which Variance is Requested Request for a variance from the following sections of Hawaii County Code Chapter 23 Section 23-41: Minimum right-of-way and pavement widths — To allow a reduced right-of-way width of approximately 20-22 feet in portions of Road Lot 6-8 (as shown on the attached preliminary map), instead of the standard minimum for minor streets or nondedicable roads in agricultural zones (typically 44-50 feet ROW with 20-foot pavement). Section 23-87: Standard for nondedicable street; escrow maintenance fund — To allow the proposed private dead-end road (Road Lot 6-8) with reduced pavement and ROW standards, while still providing an escrow maintenance fund as required. The road is not intended for dedication to the County, as it serves only a small number of low -density lots in a rural area. The proposed road is a dead-end access way serving seven lots, with varying widths including future widening easements (e.g., 20.0' easement) and utility easements. Full compliance with standard widths would require excessive grading and cost disproportionate to the low -traffic use. • Grounds for Variance (Per Section 23-15) Pursuant to Section 23-15 of the Subdivision Code, the variance meets the required grounds as follows: (a) Special or unusual circumstances applying to the subject property: The property is an irregularly shaped, elongated parcel in a rural agricultural area of Puna, with natural topography and vegetation that make full - standard road construction challenging and environmentally disruptive. The site has no existing drainage issues but features gentle slopes and dense vegetation typical of Ola'a lands. Requiring a full 44-50 foot ROW would necessitate significant clearing and earthwork, impacting the agricultural character and increasing erosion risks. The low -density subdivision (seven 1+ acre lots) generates minimal traffic, making standard arterial -level roads unnecessary. (b) Variance necessary for enjoyment of substantial property rights: Without the variance, the cost of constructing a full -standard road would render the subdivision economically infeasible, denying reasonable use of the land for agricultural/residential purposes consistent with A-1a zoning. The property has been held for development, and the variance allows access without overburdening the owner, similar to other rural subdivisions in Puna. (c) No substantial detriment to the public good or impairment of the intent of the Code: The reduced standards will not affect public safety, as the road is private, dead-end, and serves only the subdivided lots with low vehicle volumes. Emergency access remains adequate, and no public utilities or dedications are impacted. The variance aligns with the Subdivision Code's intent to promote orderly development while accommodating rural conditions, as seen in prior approvals for similar nondedicable roads in agricultural districts. (d) Hardship not self-created: The need arises from the parcel's inherent shape, location, and topography, not from actions by the owner. The property was acquired in its current form, and the subdivision design minimizes impacts while providing access. (e) Minimum variance necessary: The requested reductions are the minimum needed to achieve viable access, with proposed widths (e.g., 20' pavement in key segments) sufficient for two-way traffic and utilities. An escrow maintenance fund will be established per Section 23-87 to ensure long-term upkeep.