Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
2026-06-26 PL-BOA-2026-000135 Completed Record on Appeal (G. Rosenberg vs Planning Director)
JEFFREY W. DARROW PLANNING DIRECTOR COUNTY OF HAWAI`I 101 Pauahi Street, Suite 3 Hilo, HI 96720 Telephone No. (808) 961-8288 IN THE BOARD OF APPEALS COUNTY OF HAWAI`I STATE OF HAWAI`I GARY ROSENBERG ) PL-BOA-2026-000135 Appellant, ) Appeal of Decision by the Planning Director Dated May 14, 2026, Regarding Subdivision Variance from Chapter 23, Subdivision,Article vs. ) 6, Division 2, Improvements Required, Section 23-84, Water Supply (PL-SVAR-2026-000080) JEFFREY W. DARROW ) PLANNING DIRECTOR ) COUNTY OF HAWAI`I ) Appellee. ) INDEX TO RECORD ON APPEAL 1 INDEX TO RECORD ON APPEAL Appeal of Decision by the Planning Director Dated May 14,2026,Regarding Subdivision Variance from Chapter 23, Subdivision,Article 6,Division 2,Improvements Required, Section 23-84,Water Supply (PL-SVAR-2026-000080). DOCUMENT NUMBER DATE DESCRIPTION PAGES 1 2/10/2026 Application and EPIC Submittal for Variance from 1-18 Subdivision Code submitted by Shane Turpin for a Water and Road Variance on TMK: 1-7-023:016. 2 3/17/2026 Planning Department(PD) Subdivision Variance 19-20 Acknowledgment Letter to Shane Turpin on TMK: I- 7-023:016. 3 3/17/2026 PD Memo to Department of Water Supply, 21 Department of Public Works, Hawaii Fire Department, and Hawaii State Department of Health requesting comments for Subdivision Variance (PL- SVAR-2026-00008). 4 3/18/2026 Certificate of Mailing to Surrounding Property 22 Owners regarding Subdivision Variance for PL- SVAR-2026-000080. 5 3/27/2026 Memo from State Department of Health to PD 23-26 regarding comments on Subdivision Variance Application for Shane Turpin on TMK: 1-7-023:016. 6 4/2/2026 Letter from Malcolm R. Saxby objecting to 27-31 Subdivision Variance (PL-SVAR-2026-000080) on TMK: 1-7-023:016. 7 4/6/2026 Email from Gary Rosenberg objecting to Subdivision 32-33 Variance (PL-SVAR-2026-000080) on TMK: 1-7- 023:016. 8 4/10/2026 Memo from Hawaii County Department of Public 34-40 Works- Building Division to PD regarding comments on Subdivision Variance Application for Shane Turpin on TMK: 1-7-023:016. 9 4/12/2026 Letter from Michael D. Larish objecting to 41-44 Subdivision Variance (PL-SVAR-2026-000080) on TMK: 1-7-023:016. 2 10 4/14/2026 Memo from Hawaii County Department of Water 45 Supply to PD regarding comments on Subdivision Variance Application for Shane Turpin on TMK: 1-7- 023:016. 11 5/12/2026 Affidavit of Signposting regarding Subdivision 46-47 Variance (PL-SVAR-2026-000080) on TMK: 1-7- 023:016. 12 5/14/2026 PD Subdivision Variance Approval Letter to Shane 48-82 Turpin for(PL-SVAR-2026-000080) on TMK: 1-7- 023:016. 13 5/14/2026 PD Variance Objection/Comments Response Letter 83-84 to Malcolm R. Saxby regarding Subdivision Variance (PL-SVAR-2026-000080) on TMK: 1-7-023:016. 14 5/14/2026 PD Variance Objection/Comments Response Letter 85-86 to Michael D. Larish regarding Subdivision Variance (PL-SVAR-2026-000080) on TMK: 1-7-023:016. 15 5/14/2026 PD Variance Objection/Comments Response Letter 87-88 to Gary Rosenberg regarding Subdivision Variance (PL-SVAR-2026-000080) on TMK: 1-7-023:016. 3 APPLICATION FOR VARIANCE FROM SUBDIVISION CODE COUNTY OF HAWAII PLANNING DEPARTMENT (Type or Print the requested information) Owner: Shane Turpin Owner's signature: Date:2-10-2026 Address: 81 Makalika st Hilo HI 96720 Telephone: (Bus.) (Home) Request: Water & Road Variance Tax Map Key: 1 -7-023-016 Subdivision 4:2025-000357 Area of Property: 9.62 Acres Zoning of Parcel: A-1 Applicant: Shane Turpin Applicant's Signature: Date: 2-10-2026 Applicant's Interest, If Not Owner: APPLICANT'S REASON(S) FOR REQUESTING A VARIANCE: (Please attach a detailed written explanation of the purpose or nature of the request. Photos and maps may be included.) No variance may be granted unless it is found that: 1. There are special or unusual circumstances applying to the subject real property which exist either to a degree which deprives the owner or applicant of substantial property rights that would otherwise be available or to a degree which obviously interferes with the best use or manner of development of that property; 2. There are no other reasonable alternatives that would resolve the difficulty; and 3. The variance shall be consistent with the general purpose of the zoning district, the intent and purpose of the Zoning and Subdivision Codes, and the County General Plan and will not be materially detrimental to the public welfare or cause substantial, adverse impact to an area's character or to adjoining properties. THIS APPLICATION MUST BE ACCOMPAINED BY A FILING FEE OF ONE HUNDRED DOLLARS ($100) payable to the County Director of Finance and the following documentation submitted through the EPIC system: 1. A completed application form with attachments; 2. A description of the property in sufficient detail for the public to precisely locate the property; 3. A scale-drawn plot plan of the property showing all existing and proposed structures and improvements; and 4. A list of the names, address, and tax map keys of all owners of property within three hundred feet(300') of the perimeter boundary of the subject property. 1 Lava Ocean Tours, INC Shane Turpin [Your Mailing Address] Hilo, HI 96720 Phone: [Your Email Address] February 10, 2026 Hawaii County Planning Department Attn: Variance Application Review/ Board of Appeals 101 Pauahi Street, Suite 3 Hilo, HI 96720 Re: Request for Variance from Subdivision Code Water Supply Requirements Proposed Subdivision: Subdivision PL-Sub-2025-000357 (Lots 1 through 7) TMK: (3) 1-7-023:016 Zoned: A-1 (Agricultural) Dear Planning Director and Board of Appeals, I am submitting this request for a variance from the water supply requirements of the Hawaii County Subdivision Code (Chapter 23, particularly Section 23-84 and related provisions requiring a public water system or Department of Water Supply (DWS) commitments/meters) for the proposed subdivision of the above-referenced property into six (6) residential lots. Project Description The property, currently identified as TMK: (3) 1-7-023:016 with no existing county water meters and one water commitment, is zoned A-1 and located in a rural area of the Big Island. The proposed subdivision would create six(7) lots for single-family residential use. A tentative subdivision map/site plan is attached [or will be provided with the full application]. Specific Variance Requested Pursuant to Rule 22 of the Subdivision Code (which allows variances for water supply in subdivisions of six lots or fewer where public water is unavailable and adequate rainfall supports catchment), I request a variance to permit the use of individual or shared rainwater catchment systems on each lot as the primary water source, in lieu of connection to or dedication of a county water system. 2 Justification and Hardship Unavailability of County Water — After consultation with the Hawaii County Department of Water Supply, no additional water commitments or meters are currently available for this property or area. This creates an undue hardship, as strict compliance would prevent reasonable subdivision and development of the land for its zoned purpose. (Recent inquiries and the DWS Water Availability Map confirm limited or no availability in this zone.) Adequate Rainfall and Catchment Viability —The property receives substantial annual rainfall, estimated at over 148 inches (and likely higher based on site-specific data from the Rainfall Atlas of Hawaii interactive map at https://rainfall.geography.hawaii.edu/interactive-map). With typical house roof areas of approximately 1,600 square feet, each lot could capture roughly 1,000 gallons per inch of rain, yielding over 148,000 gallons annually per lot (conservative estimate). Equipping each lot with a minimum 10,000-gallon storage tank (or larger for fire protection per County Code Chapter 26) would provide ample supply. Average household use is under 200 gallons per day (well below potential yield), making catchment a reliable and sustainable alternative. Public Health, Safety, and Welfare — Proposed catchment systems will follow University of Hawaii guidelines ("Guidelines on Rainwater Catchment Systems for Hawai'i," revised July 2020, available at https://www.ctahr.hawaii.edu/hawaiirain/guidelines.html or direct PDF: https://www.ctahr.hawaii.edu/oc/freepubs/pdf/RM-12 rev.2020-web.pdf) and Hawaii Department of Health recommendations, including first-flush diversion, screening, filtration (e.g., to <1 NTU turbidity), UV or chemical disinfection, regular maintenance, and periodic testing. This ensures potable water quality comparable to or better than many rural systems. No adverse impacts to neighbors, groundwater, or public resources are anticipated, as this aligns with common practices in high-rainfall A-1 zones. Consistency with Code Intent and Minimum Relief — The variance is the minimum necessary to allow reasonable use of the property. Catchment achieves the Subdivision Code's goal of providing reliable domestic and fire-protection water without overburdening limited county resources. Alternatives Considered — Extension of county water lines is infeasible due to distance, cost, and lack of available commitments. No other viable public source exists. I have attached the application. Tentative subdivision map and site plan. Rainfall data screenshot/printout from Rainfall Atlas of Hawaii (specific to TMK location). Preliminary catchment system design sketch or engineering notes (if available). 3 Correspondence or confirmation from DWS regarding water unavailability. I am available for site visits, additional information, or to attend any hearings. Please contact me at the above phone or email. Mahalo for your consideration. Granting this variance will support responsible, low-impact development consistent with County goals in rural, high-rainfall areas. Sincerely, Shane Turpin 4 4� .wry�strAti .{ is 14e `E 7 DEPARTMENT OF WATER SUPPLY - COUNTY OF HAWAVI 345 KEKUANAO'ASTREET, SUITE 20 HILO. HAWAI'1 96720 Dp 1IAwM1�L• TELEPHONE (808) 961-8050 • FAX (808) 961-8657 February 5,2026 TO: Mr. Jeffrey Darrow, Director Planning Department FROM: Keith K. Okamoto, Manager—Chief Engineer SUBJECT: Preliminary Plat Map and Defer Action Subdivider: Shane D.Turpin Tax Map Key 1-7-023:016(PL-SUB-2025-000357) We have reviewed the subject application and have the following comments. Please be informed that there is an existing 6-inch waterline within South Road and Nala Road adjacent to the subject parcel. For your information,the subject parcel does not currently have water service with the Department. The Department's water system facilities can only provide one(l)unit of water,or one(1)518-inch ineter, per pre-existing lot of record,which is suitable for only one (1)single-family dwelling. Therefore,only one(1)of the proposed lots would be able to obtain service at this time. The Department's existing water system facilities cannot support the proposed subdivision at this time. Extensive improvements and additions,which may include, but not limited to source, storage, booster pumps, transmission,and distribution facilities,would be required. Should the subdivision be approved by the Planning Department, we request that the applicant designate, in writing,which one(1) lot within the proposed subdivision that is fronting South Road or Nala Road be assigned the one(1) service. The applicant shall be informed that the meter shall not be shared with the other proposed lots and the water system piping between the lots shall not be interconnected in any way. Should there be any questions, please contact Ms. Robyn Matsumoto of our Water Resources and Planning Branch at(808)961-8070,extension 255. Sincerely yours, Keith K, noto, P .. Manager-Chief Engineer RM:dfg copy— Mr. Shane Turpin dlb&Associates Water, Our 911ost Precious Resource. . . Ya Wai A X,ane. . . 5 The Department of Water Supply is an Equal Opportunity provider and employer. Application for Variance from Subdivision Road Code Requirements Date: February 10, 2026 To: Planning Director Hawai'i County Planning Department Aupuni Center 101 Pauahi Street, Suite 3 Hilo, HI 96720 From: Shane D. Turpin 81 Makalika St Hilo, HI 96720 Phone: Email: lavaoceantours@gmail.com Application for Road Variance for Subdivision PL-Sub-2025-000357 TMK: (3) 1-7-023:016 Property Location: Lot 6, Ola'a New Tract Lots, Ola'a, Puna District, Island of Hawai'i Dear Planning Director, I am submitting this application for a variance from the road design standards in Chapter 23 of the Hawai'i County Code (Subdivision Code) for the proposed subdivision of the above- referenced property. The property is currently an undeveloped parcel zoned A-la (Agricultural, 1-acre minimum), located in Flood Zone X, with no observed drainage courses or structures.The preliminary subdivision map (2nd Revision, dated February 6, 2026, prepared by dlb & Associates, Project J2024-433) proposes dividing Lot 6 into seven lots (6-1 through 6-7) . Property Description Tax Map Key (TMK): (3) 1-7-023:016 Owner: Shane D.Turpin Address: 81 Makaliki St, Hilo, HI 96720 (no address assigned to the undeveloped parcel) Land Area: Approximately 9.62 acres. Current Use: Undeveloped agricultural land 6 Proposed Use: Residential/agricultural subdivision with private access road (nondedicable) Zoning: A-1a Flood Zone: Zone X (per FEMA Flood Insurance Rate Map No. 1551661175F, effective September 29, 2017) General Plan Designation: [Insert if known; e.g., Agricultural or Low Density] Surrounding Uses: Adjacent to other agricultural lots, including Puna Certified Nursery, Inc. (TMK (3) 1-7-023:015) and Flora H. Ferreira Trust (TMK (3) 1-7-023:004) The property is bounded by Grant 4495 to A.H. Olney, with coordinates referenced to Government Survey Triangulation Station "OLAA." Boundary courses are per Deed Lib. 21299/712 and Plan PW022 filed with the Hawai'i County Planning Department. Specific Code Sections for Which Variance is Requested I am requesting a variance from the following sections of Hawai'i 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 7 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. Supporting Documentation Enclosed/Attached: Completed Application Form (if separate from this letter; download from www.planning.hawaiicounty.gov). Filing Fee: $100 (check enclosed or payment confirmation). Preliminary Subdivision Map (2nd Revision, dated February 6, 2026, PL-Sub-2025-000311, prepared by dlb &Associates). Proof of Ownership (Deed Lib. 21299/712). Neighbor Notification List (owners within 300 feet, per application requirements). Justification Statement (this document). Public Notification 8 I will post a sign on the property visible from the nearest public road (South Road, per vicinity map) at least 10 days prior to any hearing, stating the nature of the application, TMK, and contact information, as required. If a hearing is scheduled, I will publish notices as directed. I certify that the information provided is true and accurate to the best of my knowledge. I understand that approval is at the discretion of the Planning Director or Board of Appeals, and I agree to comply with all conditions. Signature: Shane D. Turpin (808) Date: February 10, 2026 Please contact me to discuss or provide any additional information. Thank you for your consideration. Enclosures: As listed above. 9 STATE OF HAWAI I BUREAU OF CONVEYANCES RECORDED December 18,2024 8:01 AM W, Doc No(s)A-9118000290 `Y Doc 1 of 1 {s/BESS PALMA(AC TsNG1 Play 1247M96 ICL REGISTRAR Corweymct Tax:$M-00 RS Return by mail SHANE D. TURPIN TO: 7311501885 A 82 MAKALIKA ST. TOE:2127322427154 HILO,HI 96720 Luke Tyler Taniguchi Tax Map Key Na.; (3) 1-7-023-016 -t Total Pages 5 WARRANTY DEED THIS WARRANTY DEED,dated DEC 1 1 2024 by EDMUND ISAMU YAMAKI, as Trustee under that certain unrecorded Revocable Trust of Kinji Yam aki dated October 3,1987, with full powers to sell, mortgage, lease or otherwise deal with the land, whose address is 221-E KARSTEN DR., WAHIAWA, HI 96786, hereinafter called the "Grantor", in favor of SHANE D. TURPIN, Single, whose address is 82 MAKALIKA ST., HILO, III 96720, hereinafter called the "Grantee;" WZTNESSETH : That for TEN AND N01100 DOLLARS ($10A0), and other valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, the Grantor does hereby grant, bargain, sell and convey unto the Grantee,as TENANT IN SEVERALTY,his/her successors and assigns,in fee simple: All of that certain real property described in Exhibit "A" attached to this Warranty Deed and made a part of this Warranty Deed, subject to the encumbrances and other matters noted in Exhibit"A"and in this Warranty Deed(if any). And the reversions, remainders, rents, issues and profits thereof and all of the estate, right, title and interest of the Grantor,both at law and in equity,therein and thereto; 1 10 TO HAVE AND TO HOLD the same, together with all buildings, improvements, rights, easements, privileges and appurtenances thereon and thereto belonging or appertaining or held and enjoyed therewith,unto the Grantee according to the tenancy set forth herein,forever. AND, in consideration of the premises, the Grantor does hereby covenant with the Grantee that the Grantor is seized of the property herein described in fee simple;that said property is free and clear of and from all liens and encumbrances,except for the lien of real property taxes not yet by law required to be paid, and except as may be specifically set forth in this Warranty Deed and Exhibit "A'; that the Grantor has good right to sell and convey said property, as aforesaid; and, that the Grantor will WARRANT AND DEFEND the same unto the Grantee against the lawful claims and demands of all persons,except as set forth in this Warranty Deed and Exhibit"A". COUNTERPARTS. Each of the parties to this document may execute different and separate copies of this document(called"counterparts"), each of which when so executed shall be deemed to be an original, and all of which taken together will constitute one and the same document. The document assembled in this manner will be binding upon all of the parties,even though all of them have not signed the same original or counterparts. For all purposes, including,without limitation, recordation, filing and delivery of this document, duplicate unexecuted and unacknowledged pages of the counterparts may be discarded and the remaining pages assembled as one document. The conveyance set forth in this warranty Deed and the warranties of the Grantor concerning the same are expressly declared to be in favor of the Grantee, and the Grantee's heirs, personal representatives,and assigns. The terms "Grantor" and "Grantee", as and when used in this warranty Deed, or any pronouns used in place of those terms shall mean and include the masculine, feminine or neuter, the singular or plural number, individuals, partnerships, trustees or corporations, and their and each of their respective successors, heirs, personal representatives, and assigns, according to the context thereof. All covenants and obligations undertaken by two or more persons shall be deemed to be joint and several unless a contrary intention is clearly expressed elsewhere in this Warranty Deed. [REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK-SIGNATURE(S)ON FOLLOWING PAGES)] 11 IN WITNESS WHEREOF, the undersigned executed these presents as of the day and year first above written. EDMUND ISAMU YAMAIG, s Trustee under that certain unrecorded Revoca a Trust of Kinji Yamaki dated October 3, 1987 Grantor STATE OF HAAWAII } )SS. CITY AND COUNTY OF HONOLULU ) On this 1l41'-- day of 2024, before me personally appeared EDNIUND ISAMU YAI IAKI, as Trustee Aforesaid,to me personally known,who,being by me duly sworn or affirmed,did say that such person executed the foregoing instrument as the free act and deed of such person, and if applicable in the capacity shown, having been duly authorized to execute such instrument in such capacity. (Signature) k.� "'.......M % EMELYN LAM o�Air` EXPIRATION:February 26 2 -dh (Printed Name) Notary Public in and for said above named State and County My commission expires: HAWAII NOTARY CERTIFICATION(HAWAR NOTARIES ONLY) (Hawaii Administrative Rules§5-11-8) Document Identification or Description: WARRANTY DEED E1 Date of Document: DEC 1 1 2024 _or ❑undated at time of notarization No. of Pages: _5 r Jurisdiction in which notarial act is performed: FIRST (Judicial Circuit) DEC 1 1 2024 Signature of Notary Date of Notary Certificate �'\\\XA%1 Iilllry/,,, .�` � ............L..N EMELY�I LAM _� 4, • EXPIRATION: February 26,20215 _ q t'Ait ' Typed or Printed Name of Notary = 17-46 9 3 / rOF l3��P��\``\\` 12 E)MIBTT "A" All of that certain parcel of land(being portion of the land(s)described in and covered by Land Patent Grant No.4495 to Asa H. Olney)situate,lying and being at Olaa,District of Puna,Island and County of Hawaii, State of Hawaii,being LOT NO. 6,and thus bounded and described: Beginning at the northwest corner of this lot and on the south side of fifty(50) foot road,the coordinates of said point of beginning referred to Government Survey Triangulation Station"Olaa"being 1,552.26 feet south and 8,467.89 feet west,and running by azimuths measured clockwise from true South: 1. 260' 30' 511.20 feet along the south side of a 50-foot road; 2. 3500 30' 820.00 feet along roadway; 3. 80" 30' 511.20 feet along a 30-foot road; 4. 1700 30' 820.00 feet to the point of beginning and containing an area of 9.623 acres,more or less. Together with an easement, in common with others thereto entitled, for road and utility purposes,over, across, along and under certain 20 and 30-foot roadways more particularly described as follows: I. 20-foot road,being a portion of Grant 4495 to A. H. Olney,Olaa New Tract Lots,Olaa,Puna, Hawaii. Beginning at the southeast corner of this strip of land,on the north side of a 50-foot homestead road and at the southwest corner of Chant 4405 to F. C.Le Blond,the coordinates of said point of beginning referred to Government Survey Triangulation Station "Olaa"being 3,082.10 feet south and 7,673.30 feet west,and running by azimuths measured clockwise from true South: 1. 800 30' 20.00 feet along the north side of a 50-foot homestead road; 2. 170° 30' 1,640.00 feet along Lot 5,along the east end of a 30-foot road and along Lot 6; 3. 2600 30' 20.00 feet along a 50-foot homestead road to the northwest corner of Grant 4405 to F. C.Le Blond; 4. 3500 30' 1,640.00 feet along the west boundary of Grant 4405 to F. C.Le Blond to the point of beginning and containing an area of 0.753 acres,more or less. II. 30-foot road,being a portion of Grant 4495,to A. H.Olney,Olaa New Tract Lots,Olaa,Puna, Hawaii. Beginning at a point at the southeast corner of this strip of land and on the west side of a 20-foot road, the coordinates of said point of beginning referred to Government Survey Triangulation Station"Olga" being 2,306.23 feet south and 7,823.41 feet west, and running by azimuths measured clockwise from true South: 1. 80° 30' 1,042.00 feet along Lots 5 and 4 of the subdivision of Grant 4495 dated Tune, 1946; 2. 170" 30' 30.00 feet along Lot 3 of the subdivision of Grant 4495 dated June, I946; 3. 2600 30' 1,042.00 feet along Lots 7 and 6 of the subdivision of Grant 4495 dated June, 1946; 4 13 4. 3500 30' 30.00 feet along a 20-foot road to the point of beginning and containing an area of 0.718 acres,more or less. BEING THE PREMISES ACQUIRED BY DEED GRANTOR: KINE YAMAKI,widower GRANTEE : EDMUND ISAMU YAMAKI,husband of Rita Yarnaki, as Trustee under that certain unrecorded Revocable Trust of Kinji Yamaki dated October 3, 1987 DATED : October 3, 1987 RECORDED :Liber 21299 Page 712 SUBJECT HOWEVER,TO THE FOLLOWING: 1. Title to all minerals, and metallic mines reserved to the State of Hawaii. END OF EXHIBIT "A" .5 14 170171280000 170171290001 170171290000 PUNA CERTIFIED NURSERY INC CHURCH CONDOMINIUM LARISH,MICHAEL D PO BOX 771 CONDO MASTER PO BOX 1337 HILO HI 96720 0771 KEAAU HI 96749 1337 170171290002 170171460000 170180100000 CHURCH,MICHAEL OWEN ROSENBERG,GARY F MOROMISATO,JASON MASAO 7238 ALAKOKO ST PO BOX 418 45-524 APIKI ST HONOLULU HI 96825 KURTISTOWN HI 96760 0418 KANEOHE HI 96744 1918 170180100000 170180110000 170180120000 PRIMARY RESIDENTIAL MORTGAGE IN( HUSSEY,ELWIN F LAND TRUST UNITED LLC RE: JASON MASAO MOROMISATO C/O HUSSEY'S GENERAL STORE 6965 EL CAMINO REAL STE 105-130 1480 N 2200 W PO BOX 81 CARLSBAD CA 92009 4100 SALT LAKE CITY UT 84116 4127 WINDSOR ME 04363 0081 170180130000 170180130000 170230010000 HERNANDEZ,JOSEPH/SHIRLEY CO-TTE KOSORA,JERRY OHANA VALLEY HOMES LLC PO BOX 1215 PO BOX 134 2871 KALIHI ST APT C KAMUELA HI 96743 1215 KURTISTOWN HI 96760 0134 HONOLULU HI 96819 3075 170230040000 170230140000 170230150000 FERREIRA,TIMOTHY M TRST PUNA CERTIFIED NURSERY INC PUNA CERTIFIED NURSERY INC 95-246 WAIPOO ST PO BOX 771 PO BOX 771 MILILANI HI 96789 HILO HI 96721 0771 HILO HI 96720 0771 170230160000 170230200000 TURPIN,SHANE D OHANA VALLEY HOMES LLC 81 MAKALIKA ST 2871 KALIHI ST APT C HILO HI 96720 5835 HONOLULU HI 96819 3075 15 Mean Annual Rainfall Island of Hawaii 0 2011 Rainfall Atlas of Hawaii Department of Geography University of Hawaii at Manoa a•. f S o r � � N Isohyets in inches Kilometers n 0 10 20 40 60 80 N 16 Mean Annual Rainfall Island of Hawaii 2011 Rainfall Atlas of Hawaii Department of Geography University of Hawaii at Manoa Annual Rainfall Hawaii (inches) _ 8.0-30.0 _z ® 30.1-50.0 = 50.1-80.0 80.1-100.0 }� 100.1-130.0 130.1-160.0 JN 160.1-190.0 L, 190.1-220.0 ,V _ 220.1.26.0.0 Kilometers _ 260.1-300.4 0 10 20 40 60 80 17 H Z N a� M o N 5 .� W y 0 rz O co O _ a Cl o IA O Q z a m s' m IA o c as p 7 y �� aoN° ZOpO pN ma J z Nav 6 a° c 2 vl s t 3 H 61 60 _ o m a •� 5 0 N 6 N w a v Z 0i °` ~ c c I y v N 6 6 6 v) `m L O Y m 4-- 6 O a u N ° - c 6 w °N - ,.a c Lo C i a O w -4 c. O 6 (o C 0 - v aN J ° z _CD O C a� °o L IZ CL 0 CL O J 6 m rncop p r n ' o 6 zQ� °Q _ Y N 1.. 6 ^ � N O c T::JTmN o m NZQ= •,.°.M_. �° NX'L� O ONO O Na O 3 p - T O o °O N O O O?�O O OFFS VIZF JO IiN OZ Z m N N I W I p2� N j z O > 0 p N�� NOj r tiNc M O I <n J,ol Y ti Mti 30V912IOW 7Y11N30/S321 A2IVWl2Id \ (3SS/)H 3 N/M73 - o x a ;:;;'..;.. '. :°...;:':; of vsiWoboW ovs osvr o I o v ti s o l!0 :8!£ 107 (£)�Wl ... ...: ...'. .:::.. .. O/0 '810-L-1 £NWl T.. .. :'.:.: :.. >107 .00'()Z8 OO,OT.OS�.. —d94L-9 £_LLL 9£2LL yZ6_L2IF 00O NN�ar� m ��O^ p0 p0 .�. N N o O O O ti w yy N MZWO N U O z �N°> o L-1,9£"L8l _00,OC.09C ,92'LLl _00,05A9£ ,9£LLI _00.0£.OS£ Q r M o p I W I O. O O a M O p MOj M M O �! o N Y I� .�Oc�Z MO Op p +yy �.wzm HM o �M o �04 � .. o Sw �a ,9S'ZOZ ,9£'LOZ ,9£'Z6l ,Z6'LlZ 2 Ll Ln Qi oti� oQj nib¢ a Q N m H Qj O Z w e v-�a 1��jW �i�Oj 0g4W o'ai oi„� `.W Y2Q icn�N � tiU 4 v N ._E ° r p C.Kimo Alameda,Ph.D. Jeffrey W.Darrow Mayor j=^ ����%Q� Director y; :4 William V.Brilhante Jr. Michelle S. Ahn Managin;Director Deputy Director E•OF•MF• West Hawaii Office East Hawai'i Office 74-5044 Ane Keohokalole H-A-y 101 Pauahi Street,Suite 3 Kailua-Kona,Hawai'i 96740 County of Hawai i Hilo,Hawai'i 96720 Phone(808)323-4770 Phone(808)961-8288 Fax(808)327-3563 PLANNING DEPARTMENT Fax(808)961-8742 March 17, 2026 Shane Turpin 81 Makalika Street Hilo, HI 96720 Dear Shane Turpin: SUBJECT: Application: SUBDIVISION VARIANCE I PL-SVAR-2026-000080 Applicant: TURPIN, SHANE Owner: TURPIN, SHANE Request: Variance from Chapter 23, Subdivisions, Article 6, Division 2, Improvements Required, Section 23-84, Water Supply; Variance from Hawaii County Code, Chapter 23, Subdivision, Article 3,Design Standards, Division 4, Street Design, Section 23-41, Minimum Right-of-way and Pavement Widths. Tax Map Key: (3) 1-7-023:016 (PL-SUB-2025-000357) This is to acknowledge the receipt of your completed Variance Application, submittals, and filing fee as of February 11, 2026. In view of your application and Hawaii County Code, Chapter 23, Subdivisions, Section 23-18, Actions on Variances, the Planning Director will render a decision on the subject variance application no later than May 15, 2026. The deadline for submitting written public comments to the Planning Director is April 16, 2026. Therefore, pursuant to Section 23-17, Procedures for Variances, within three (3) working days of receiving this letter, the applicants, or applicant's authorized representative, shall serve notice of the variance decision dates cited above on owners of interest within three hundred (300) feet of the perimeter boundary of the subject property. The notice is required to include the following information: 1. The name of the applicant and/or the applicant's representative,their address and telephone number. 2. The precise location of the property,including a location map or vicinity map of the subject www.planning.hawaiicounty.gov Hawai'i County is an Equal Opportunity Provider and Employer planninggc�i hawaiicounty.gov 19 Shane Turpin PL-SVAR-2026-000080 Variance Acknowledgement Letter March 17, 2026 Page 2 TMK property, or sufficient written directions that the notified property owners or general public can precisely locate the property involved. 3. Identify the Chapter 23 variance request or nature/purpose of the request. Include,identify, and describe, if necessary, any structures or issues involved. 4. The notice shall also include the tentative date of the Director's decision, the telephone number and address of the Planning Department (Hilo Office) where written public comments can be sent; and 5. The deadline for submitting written public comments to the Planning Director is April 16, 2026. Pursuant to Section 23-17 (c)Within ten days of filing the application for a variance,the applicant shall post a sign on the subject property notifying the public of the nature of the variance, the proposed number of lots, the size of the property, the tax map key or keys of the property and that they may contact the planning department for additional information. The sign shall give the address and telephone number of the planning department. The sign should also be inclusive of the associated subdivision application filed earlier. Proof of service of the above notice must be submitted in a timely fashion and incorporated into subject subdivision and variance file before any action or decision is rendered on the variance request. Failure to do so in a timely fashion may delay the decision date or result in the application being denied. Should you have any questions, please feel free to contact Hans Santiago at(808) 961-8165 or via email at hans.santialzoLhawaiicounty.gov. Sincerely, r./ l'i ! l'i Y V��). Da ! oW Jeffrey N. Darrow(Mar 17,2026 11:04:18 HST) JEFFREY W. DARROW Planning Director HS:sklo \\hawaiicounty.gov\depts\PL\PL\planning\public\Admin Peri-nits Division\Variance\2026\PL-SVAR-2026-000080-Turpin(road-water)\PL- SVAR-2026-000080 Turpin ACK 3-17-26.docx cc: dlb & Associates, Dan Berg 20 NSV 0 h, C.Kimo Alameda,Ph.D. !�, Jeffrey W.Darrow Mayor ���iG�� Director 4: :4 William V.Brilhante Jr. Michelle S. Ahn Managing Director _..: = .•� Deputy Director �rE oF•H�M West Hawaii Office East Hawai'i Office 74-5044 Ane Keohokalole Hwy 101 Pauahi Street,Suite 3 Kailua-Kona,Hawai'i 96740 County of Hawaii Hilo,Hawai'i 96720 Phone(808)323-4770 Phone(808)961-8288 Fax(808)327-3563 PLANNING DEPARTMENT Fax(808)961-8742 MEMORANDUM DATE:March 17, 2026 TO: DEPARTMENT OF WATER SUPPLY DEPARTMENT OF PUBLIC WORKS HAWAI`I FIRE DEPARTMENT STATE DEPARTMENT OF HEALTH FROM: JEFFREY W. DARROW Planning Director JWD SUBJECT: Application: SUBDIVISION VARIANCE PL-SVAR-2026-000080 Applicant: TURPIN, SHANE Owner: TURPIN, SHANE Request: Variance from Chapter 23, Subdivisions,Article 6, Division 2,Improvements Required, Section 23-84, Water Supply; and Chapter 23, Subdivisions,Article 3, Design Standards,Division 4, Street Design, Section 23-41, Minimum Right-of-way and Pavement Widths. Tax Map Key: (3) 1-7-023:016 (PL-SUB-2025-000357) A copy of the above-referenced Variance Application and attachments are enclosed for Agency review and comments. The Planning Director will render a decision on the subject variance application no later than May 15, 2026. We ask that you forward your comments electronically to: plannin2(a�hawaiicounty.2ov no later than April 16, 2026. Should you have any questions, please feel free to contact Hans Santiago at (808) 961-8165 or via email at hans.santiagoLhawaiicountygov. Thank you. HS:sklo \\hawaiicounty.govAdepts\PL\PL\planningApublicAAdlnin Permits Division\VarianceA2026\PL-SV AR-2026-000080-Turpin(road-water)APL-SVAR-2026-000080 Turpin MEMO 3-17-26.doex Encl.: Variance Application& Submittals vt-NN-w.planning.hawaiicounty.gov Hawai'i County is an Equal Opportunity Provider and Employer planninggc�i hawaiicounty.gov 21 UNITED STATES POSTALSERV10Eae Certificate of Mailing—Firm Name and Address of Sender TOTAL NO. TOTAL NO, Affix Stamp Here C . of Piecos LN1ed by Sender of Pieces Recoived s1 Post Olfce^' J 1 1^ Postmark with Oafo of Rocelpt T��� U.S.POSTAGE PAID (7 �_j 2/ ll 1 HILO HI l0 i Postm mo esler,per(n° or receN4q ampbyee) ggppBy2Qgg0 yyee�. MAAMOUNT $4e20 923P3D500194-20 USPSa Tracking Number Address (Name.SlreeL City,Stele,and ZIP Coder") Postage Foe Parcel Airlift C\,vr�l 1,2c 1 OWe/l 3 r t0 �`uV"EDSTATEs s r7C6 2 A`OSTAL SERVICE. 1299 I II l r, - — p HI Hilo,_ KEKI�AaAi A �.? L&H Cal Ecq 9h12u-U9y www.usps.cum O's�18,202b 11:21 AM 1-r A YZ hi•P �a- Product - . f'o Oty Unit Price ve.lo, �(07 , Price Copy Machine Rev $2 00 IvsS- EI I h CTOH-Firm- 6 $4.20 O vSiG ( C-.f"4 r_a Domestic -7 CTOM-Firm- 6 $4.20 x� 3fo l Domestic d 5 a rr PlrpleHeartMedal 12 $0.7B $9.36 ---- 00 �1 o I�� +i s 4ow qG 0 '7�6 Grand Total: - - - --$19.76 _ --- - - 4Vd C Credit Card Remit $19.76 Card Name: VISA -- Cu r & sY-e lo3=I30 p Account N: KKXHKKKKKKxx0535 Car C A T 2 Oa q 141 -O Approval k: 03579D Trans .act A: 488 AID: AOO00000031010 Contactless SIN 7530-17-OM5s49 Sea R°v farinalracUana AL: VISA CREDIT CAPITAL ONE VISA TO REPORT AN ISSUE Visit https:i/zmailus.usps.com aj All ha2ardous Iabels/markings on reused boxes MUST be completely Certificate of Mailing—Firm renoved/obliterated if they no longer match the contents. TOTAL No. TOTAL NO. Affix Stamp Here of Pieces Listed by Sender of Pieces Received at Past office'" In a harry?Self-service kiosks offer Postmark with Data of Receipt quick and easy check-out. Any Retail Associate can show you how. PREVIEW YOUR MAIL A140 PACKAGES Sign up for FREE at ht tips://Infcrmeddeli very.uses.Com U.S.POSTAGE PAID Posimasier,Per(nameorracervi em to HILO HI Looking for a new opportunity?Join a team r'v °yOOf R,1r That delivers! �,� MAR 19 29 The Postal Service is wm=.:L• AMOUNT actively hiring for full a part-time visit $4a20 S Positions. To learn more visit us at ljG> ��1� 1�a coop www.usPs.com/careers $23230500194-20 All sales final on stamps and postage. Refunds for guaranteed services only. U-1, Thank you for your business. Address DUSSOmer Service (Name,SlreeL City,Stale,and ZIP Code") Postage Fee Parcel Airlift 1-800-ASK-USPS L r I s (1-800-275-8777) Agents do not have any additional __ 7 Information other than what Is provided on - pl _ USPS.com. Tell us about your experience. t$ov}-p ASD✓x GSti d S0 to: https://Postalexperiel)ce.cola/Po., N S^ 0 I or scan this code with your mobile devi6. - i° 7`d l 1 �r 4© t O h G C, Lc 6—ES LLC t I ►CFTC ! r 1.,1v Fl 1 3 PC)—, S r G NC or call 1-800-410-742U YYir m r Q .P C u -y 7 UFN; 14190U-0321 u r " f yr r N C Receipt f1: 840-5%70017-6-11535171 1 po g Clerk: 20 - - 6'7a0 , PS Form 3665,December 2024(Page_of_)PSN 7530-17-000-5549 22 Sao Ravens for InelrvcU°na JOSH GREEN, M.D. o KENNETH S. FINK, M.D,MGA, MPH 6...........9 GOVERNOR OF HAWAII r�+•"ys9'�;' DIRECTOR OF HEALTH KE KIA'AINA O KA MOKU'AINA O HAWAI'I y KA LUNA HO'OKELE t +p a� `�aeq•©•u�ci�rao�' STATE OF HAWAII DEPARTMENT OF HEALTH P.O. BOX 916 HILO, HAWAII 96721-0916 MEMORANDUM DATE: March 27, 2026 TO: Mr. Jeffrey W. Darrow Planning Director, County of Hawaii FROM: Eric Honda District Environmental Health Program Chief SUBJECT: Application: SUBDIVISION VARIANCE PL-SVAR-2026-000080 Applicant: TURPIN, SHANE Owner: TURPIN, SHANE Request: Variance from Chapter 23, Subdivisions, Article6, Division 2, Improvements Required, Section 23-84 Water Supply; and Chapter 23, Subdivisions, Article 3, Design Standards, Division 4, Street Design, Section 23-41 Minimum Right-of-Way and Pavement Widths. TMK: 1-7-023:016 (PLOSUB-2025-000357) In most cases,the District Health Office will no longer provide individual comments to agencies or project owners to expedite the land use review and process. Agencies,project owners, and their agents should apply Department of Health"Standard Comments"regarding land use to their standard project comments in their submittal. Standard comments can be found on the Land Use Planning Review section of the Department of Health website: hgps://health.hawaii.Rov/epo/landuse/. Contact information for each Branch/Office is available on that website. Note: Agencies and project owners are responsible for adhering to all applicable standard comments and obtaining proper and necessary permits before the commencement of any work. General summary comments have been included for your convenience. However, these comments are not all-inclusive and do not substitute for review of and compliance with all applicable standard comments for the various DOH individual programs. 23 Jeffrey W. Darrow March 27, 2026 Page 2 of 4 Clean Air Branch 1. All project activities shall comply with the Hawaii Administrative Rules (HAR), Chapters 11-59 and 11-60.1. 2. Control of Fugitive Dust: You must reasonably control the generation of all airborne, visible fugitive dust and comply with the fugitive dust provisions of HAR §11-60.1-33. Note that activities that occur near existing residences, businesses,public areas, and major thoroughfares exacerbate potential dust concerns. It is recommended that a dust control management plan be developed which identifies and mitigates all activities that may generate airborne and visible fugitive dust and that buffer zones be established wherever possible. 3. Standard comments for the Clean Air Branch are at: https:Hhealth.hawaii._gov/epo/landuse/ Clean Water Branch 1. All project activities shall comply with the HAR, Chapters 11-53, 11-54, and 11-55. 1. The following Clean Water Branch website contains information for agencies and/or project owners who are seeking comments regarding environmental compliance for their projects with HAR, Chapters 11-53, 11-54, and 11-55: https://health.hawaii.gov/cwb/clean-water-branch-home- page/cwb- standard-comments/. Hazard Evaluation & Emergency Response Office 1. A Phase I Environmental Site Assessment(ESA) and Phase II Site Investigation should be conducted for projects wherever current or former activities on site may have resulted in releases of hazardous substances, including oil or chemicals. Areas of concern include current and former industrial areas, harbors, airports, and formerly and currently zoned agricultural lands used for growing sugar, pineapple or other agricultural products. 2. Standard comments for the Hazard Evaluation& Emergency Response Office are at: https://health.hawaii.gov/epo/landuse/. Indoor and Radiological Health Branch 1. Project activities shall comply with HAR Chapters 11-39, 11-45, 11-46, 11-501, 11- 502, 11-503, and 11-504. 2. Noise may be generated during demolition and/or construction. The applicable maximum permissible sound levels, as stated in Title 11, HAR, Chapter 11-46, "Community Noise Control,"shall not be exceeded unless a noise permit is obtained from the Department of Health. 3. Construction/Demolition Involving Asbestos: If the proposed project includes renovation/demolition activities that may involve asbestos,the applicant should contact the Asbestos and Lead Section of the Branch at hqps://health.hawaii.gov/irhb/asbestos/. 24 Jeffrey W. Darrow March 27, 2026 Page 3 of 4 Safe Drinking Water Branch 1. Agencies and/or project owners are responsible for ensuring environmental compliance for their projects in the areas of 1)Public Water Systems; 2) Underground Injection Control; and 3) Groundwater and Source Water Protection in accordance with HAR Chapters 11-19, 11-20, 11-21, 11-23, 11-23A, and 11- 25. They may be responsible for fulfilling additional requirements related to the Safe Drinking Water program: https://health.hawaii.gov/sdwb/. 2. Standard comments for the Safe Drinking Water Branch can be found at: https:Hhealth.hawaii._gov/epo/landuse/. Solid &Hazardous Waste Branch 1. Hazardous Waste Program - The state regulations for hazardous waste and used oil are in HAR Chapters 11-260.1 to 11-279.1. These rules apply to the identification, handling, transportation, storage, and disposal of regulated hazardous waste and used oil. 2. Solid Waste Programs - The laws and regulations are contained in HRS Chapters 339D, 342G, 342H, and 342I, and HAR Chapters 11-58.1 and 11-282. Generators and handlers of solid waste shall ensure proper recycling or disposal at DOH-permitted solid waste management facilities. If possible,waste prevention, reuse, and recycling are preferred options over disposal. The Office of Solid Waste Management also oversees the electronic device recycling and recovery law, the glass advanced disposal fee program, and the deposit beverage container program. 3. Underground Storage Tank Program —The state regulations for underground storage tanks are in HAR Chapter 11-280.1. These rules apply to the design, operation, closure, and release response requirements for underground storage tank systems, including unknown underground tanks identified during construction. 4. Standard comments for the Solid& Hazardous Waste Branch can be found at: https:Hhealth.hawaii._gov/epo/landuse/. Wastewater Branch For comments,please email the Wastewater Branch at doh.wwbL.doh.hawaii.gov. Sanitation/Local DOH Comments: 1. According to HAR §11-26-35,No person, firm, or corporation shall demolish or clear any structure without first ascertaining the presence or absence of rodents that may endanger public health by dispersal from such premises. Should any such inspection reveal the presence of rodents, the rodents shall be eradicated before demolishing or clearing the structure. A demolition permit is required prior 25 Jeffrey W. Darrow March 27, 2026 Page 4 of 4 to demolition. Other 1. CDC - Healthy Places - Healthy Community Design Checklist Toolkit recommends that state and county planning departments, developers,planners, engineers, and other interested parties apply these principles when planning or reviewing new developments or redevelopment projects. 2. If new information is found or changes are made to your submittal, DOH reserves the right to implement appropriate environmental health restrictions as required. Should there be any questions on this matter,please contact the Department of Health, Hawaii District Health Office, at(808) 933-0917. 26 WIWI Puma CERTIFIED NURSERY .. . ? -' RA ' Ell April 2, 2026 Hawai'i County Planning Department 101 Pauahi Street, #3 Hilo, Hawai'i 96720 Re: Subdivision Variance Application PL-SVAR-2026-000080 ; TM (3)1-7-023 :016 Dear Friends, I am writing this letter regarding the application above, at this time I am not in favor of this variance for the following reasons: 1. Some history, former Mayor Stephen Yamashiro and I worked together to pave the existing road. 2. The road was lightly paved to help homeowners enter and depart from at that time a dirt and very rough road. 3. The existing pavement is roughly 10'wide and would not support additional traffic and wear and tear. 4. The utility poles are located very close to edge of road and would present additional damages with increased traffic. 5. The existing water line, as is known runs underground in the middle of the road, this would be difficult to service. 6. At the entrance to the existing road, there is a deep ravine which would present a problem if guard rails are not installed. If any additional information is needed, please feel free to contact me or I can also come to your office. Sincerely, PCN INC. dba PUNA CERTIFIED NURSERY Malcolm R. Saxby Owner/President Specializing in Dracaenas, Palms and Landscape Plants, Landscaping License # C-21348 P.O. BOX 771 H I LO, HI 96721-0771 PH; (808) 966-8300 Fax: (808) 982-8090 27 March 18,2026 NOTICE TO ADJACENT PROPERTY OWNERS D E C � jj[j W (Re:Subdivision Variance Application PL-SVAR-2026-000080 TM K(3) 1-7-023:016) Dear Neighbor, Puna Certified Nursery Inc. I am the applicant and owner of the property identified below. This letter serves as official notice, pursuant to Hawai'i County Code Chapter 23,Section 23-17,that I have applied for subdivision variances affecting a property located within three hundred(300)feet of your parcel. 1.Applicant Information Shane Turpin 81 Makalika Street Hilo, HI 96720 Phone: (808)990-0553 2. Precise Location of the Property Tax Map Key: (3) 1-7-023:016 A location/vicinity map is attached for your reference. 3. Nature and Purpose of the Variance Request Attached is an official public notice describes the project and the two variances being requested: 4. Director's Decision Date and Where to Send Comments The Planning Director will render a dec,L1,11111 non this variance application no later than May 15, 2026. Written public comments may be sent to: Hawai'i County Planning Department 101 Pauahi Street, #3 Hilo, Hawaii 96720 Phone: (808)961-8288 . 5. Deadline for Written Public Comments G� All written comments must be received by the Planning Director no later than April 16,2026. Thank you for your attention to this matter. If you have any questions,you may contact me directly or the Planning Department at the number above. Sincerely, Shane Turpin Applicant/Owner 28 Specific Code Sections for Which Variance is Requested Request for a variance from the following sections of Hawai'i 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 properly 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 1f 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-1 a 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. 29 1,700501401000 11i0040ta0000 iaousni so�ino Woo,oae0000 � ,0,100,0, ,��,�� n NOTICE OF SUBDIVISION APPLICATION NOTICE OF VARIANCE APPLICATIONS Water System and Road Access AFFECTING TMK 1-7-023-016 • PROPOSED 7 LOTS, TOTAL AREA 9.523 At FOR MORE INFORMATION, CONTACT: Planning Department 101 Pauahi Street, #3 Hilo, Hawaii 96720 Phone: (808) 961-8288 31 Oda, Michelle From: gary rosenberg Sent: Monday, April 6, 2026 11:04 AM To: Planning Internet Mail Cc: Mic Hawaii; Dawn Kleinfelder Subject: Objection to application for variance PL-2026-000080, TMK: (3) 1-7-023:16 To: Director of Planning, Hawaii County From: Gar Rosenber ,, Re: Objection to application forvariance PL-2026-000080, TMK: (3) 1-7-023:16 Dear Director, Please consider that after extensive discussions with our neighbors we concur that it is inappropriate and unsafe to extend a variance to enable the subdivision of TMK: (3) 1-7-023:16. This corner lot and the corner of South Road and North Ala Road specifically is unsuitable for to additional traffic, specifically the potential of young children on bicycles and stray animals being hit by through traffic. As the legal owner of South Road, I have already discussed this with the applicant and expressed my concerns over the safety of our neighbors should additional housing be developed on this corner. The neighborhood is agricultural, density and the condition of the roads will not support this level of increased density on that corner. North Ala Road is one lane without sufficient turn-offs. In the normal course of travel it is now necessary to negotiate passage with oncoming traffic, in my experience almost every time I leave or return home. Additionally, there is a soft shoulder at that point on South Road from which I have had to help extract vehicles on more than one occasion due to the road conditions. All of the properties, both on North Ala and on South Road from that intersection Malka are agricultural. Given that we can anticipate food shortages in the near future due to geopolitical events it is now more than ever imperative that our government support remaining agricultural enterprises and restrict the incursion of residential development in agricultural areas. i 32 Please feel free to reach out if I can be of any additional assistance regarding this matter And should you choose to proceed with granting this variance please inform me and our neighbors such that we might appeal that decision. Very truly, i r Rosenber ll 33 Oda, Michelle From: Tanimoto, Tod Sent: Friday, April 10, 2026 7:28 AM To: Planning Internet Mail Cc: Domino, Chris; Spielman, Aaron Subject: FW: PD Subdivision Variance Agency Memo (PL-SVAR-2026-000080) on TMK: 1-7-023:016 Attachments: 2026-03-17 PL-SVAR-2026-000080 Acknowledgement Letter.pdf, 2026-03-17 PL- SVAR-2026-000080 Agency Memo.pdf, BD-10 - SUBDIVISION VARIANCE - PL- SVAR-2026-000080 (Turpin).pdf Follow Up Flag: Follow up Flag Status: Flagged Aloha All, Attached (BD-10) is the DPW Building Division comment response so Subdivision Variance I PL-SVAR-2026- 000080 (Turpin). Mahalo Tod Tanimoto Building Plans Examiner V County of Hawaii Public Works Building Division Aupuni Center 101 Pauahi Street, Suite 7 Hilo, Hawaii 96720-4224 From: Ota, Stephanie<Stephanie.Ota@hawaiicounty.gov> Sent:Tuesday, March 17, 2026 3:18 PM To: Honda, Eric<eric.honda@doh.hawaii.gov>; Une, Michael Y. <michael.une@doh.hawaii.gov>; Dane.Hiromasa@doh.hawaii.gov; mark.tomomitsu@doh.hawaii.gov; DPW- BLDG <Kelly.Wilson@hawaiicounty.gov>; Spielman, Aaron <Aaron.Spielman@ hawaiicounty.gov>; Fire Admin <fire@hawaiicounty.gov>; DWS <dwsengineeringreview@hawaiidws.org> Cc: Santiago, Hans<Hans.Santiago@hawaiicounty.gov>; Nelson, Catherine<Catherine.Nelson@ hawaiicounty.gov> Subject: PD Subdivision Variance Agency Memo (PL-SVAR-2026-000080) on TMK: 1-7-023:016 Aloha, Please find your PDF copy attached for the Planning Department's Subdivision Variance Agency Memo and EPIC Submittal for the above-referenced File No. and TMK. Please use the link below to review the EPIC Application. 1 34 2026-02-10 PL-SVAR-2026-000080 EPIC SUBMITTAL.pdf There will be no hardcopy to follow. **We kindly ask that you forward your comments electronically(PDF)to planning@hawaiicounty.gov by April 16,2026.** Should you have any questions, please contact Hans Santiago(cc'd herein) at (808)961-8165. Thank you, c6lcplla7?lE of Administrative Permits Division County of Hawai'i I Planning Department 101 Pauahi Street, Suite 3 1 Hilo, HI 96720 2 35 ��r os N� C.Kimo Alameda,Ph.D. �ot�''''.'• !!� Jeffrey W.Darrow Mayor ���4�r Director William V.Brilhante Jr. Michelle S. Ahn Managin;Director •�r= a�.•� DePury Director T••: w '� ATE oF•N�,.N West Hawaii Office East Hawai'i Office 74-5044 Ane Keohokalole Hwy 101 Pauahi Street,Suite 3 Kailua-Kona,Hawai'i 96740 County of Hawai i Hilo,Hawai'i 96720 Phone(808)323-4770 Phone(808)961-8288 Fax(808)327-3563 PLANNING DEPARTMENT Fax(808)961-8742 March 17, 2026 Shane Turpin 81 Makalika Street Hilo, HI 96720 Dear Shane Turpin: SUBJECT: Application: SUBDIVISION VARIANCE I PL-SVAR-2026-000080 Applicant: TURPIN, SHANE Owner: TURPIN, SHANE Request: Variance from Chapter 23, Subdivisions, Article 6, Division 2, Improvements Required, Section 23-84, Water Supply; Variance from Hawaii County Code, Chapter 23, Subdivision, Article 3,Design Standards, Division 4, Street Design, Section 23-41, Minimum Right-of-way and Pavement Widths. Tax Map Key: (3) 1-7-023:016 (PL-SUB-2025-000357) This is to acknowledge the receipt of your completed Variance Application, submittals, and filing fee as of February 11, 2026. In view of your application and Hawaii County Code, Chapter 23, Subdivisions, Section 23-18, Actions on Variances, the Planning Director will render a decision on the subject variance application no later than May 15, 2026. The deadline for submitting written public comments to the Planning Director is April 16, 2026. Therefore, pursuant to Section 23-17, Procedures for Variances, within three (3) working days of receiving this letter, the applicants, or applicant's authorized representative, shall serve notice of the variance decision dates cited above on owners of interest within three hundred (300) feet of the perimeter boundary of the subject property. The notice is required to include the following information: 1. The name of the applicant and/or the applicant's representative,their address and telephone number. 2. The precise location of the property,including a location map or vicinity map of the subject www.planning.hawaiicounty.gov Hawai'i County is an Equal Opportunity Provider and Employer planninggc�i hawaiicounty.gov 36 Shane Turpin PL-SVAR-2026-000080 Variance Acknowledgement Letter March 17, 2026 Page 2 TMK property, or sufficient written directions that the notified property owners or general public can precisely locate the property involved. 3. Identify the Chapter 23 variance request or nature/purpose of the request. Include,identify, and describe, if necessary, any structures or issues involved. 4. The notice shall also include the tentative date of the Director's decision, the telephone number and address of the Planning Department (Hilo Office) where written public comments can be sent; and 5. The deadline for submitting written public comments to the Planning Director is April 16, 2026. Pursuant to Section 23-17 (c)Within ten days of filing the application for a variance,the applicant shall post a sign on the subject property notifying the public of the nature of the variance, the proposed number of lots, the size of the property, the tax map key or keys of the property and that they may contact the planning department for additional information. The sign shall give the address and telephone number of the planning department. The sign should also be inclusive of the associated subdivision application filed earlier. Proof of service of the above notice must be submitted in a timely fashion and incorporated into subject subdivision and variance file before any action or decision is rendered on the variance request. Failure to do so in a timely fashion may delay the decision date or result in the application being denied. Should you have any questions, please feel free to contact Hans Santiago at(808) 961-8165 or via email at hans.santialzoLhawaiicounty.gov. Sincerely, r./ l'i ! l'i Y V��). Da ! oW Jeffrey N. Darrow(Mar 17,2026 11:04:18 HST) JEFFREY W. DARROW Planning Director HS:sklo \\hawaiicounty.gov\depts\PL\PL\planning\public\Admin Peri-nits Division\Variance\2026\PL-SVAR-2026-000080-Turpin(road-water)\PL- SVAR-2026-000080 Turpin ACK 3-17-26.docx cc: dlb & Associates, Dan Berg 37 NS�!•OF h, C.Kimo Alameda,Ph.D. - !�, Jeffrey W.Darrow Mayor ��L4�� Director •: :4 William V.Brilhante Jr. Michelle S. Ahn Managing Director DePury Director TE OF NFL West Hawaii Office East Hawai'i Office 74-5044 Ane Keohokalole Hwy 101 Pauahi Street,Suite 3 Kailua-Kona,Hawai'i 96740 County of Hawaii Hilo,Hawai'i 96720 Phone(808)323-4770 Phone(808)961-8288 Fax(808)327-3563 PLANNING DEPARTMENT Fax(808)961-8742 MEMORANDUM DATE:March 17, 2026 TO: DEPARTMENT OF WATER SUPPLY DEPARTMENT OF PUBLIC WORKS HAWAI`I FIRE DEPARTMENT STATE DEPARTMENT OF HEALTH FROM: JEFFREY W. DARROW Planning Director JWD SUBJECT: Application: SUBDIVISION VARIANCE PL-SVAR-2026-000080 Applicant: TURPIN, SHANE Owner: TURPIN, SHANE Request: Variance from Chapter 23, Subdivisions,Article 6, Division 2,Improvements Required, Section 23-84, Water Supply; and Chapter 23, Subdivisions,Article 3, Design Standards,Division 4, Street Design, Section 23-41, Minimum Right-of-way and Pavement Widths. Tax Map Key: (3) 1-7-023:016 (PL-SUB-2025-000357) A copy of the above-referenced Variance Application and attachments are enclosed for Agency review and comments. The Planning Director will render a decision on the subject variance application no later than May 15, 2026. We ask that you forward your comments electronically to: plannin2(a�hawaiicounty.2ov no later than April 16, 2026. Should you have any questions, please feel free to contact Hans Santiago at (808) 961-8165 or via email at hans.santiagoLhawaiicountygov. Thank you. HS:sklo \\hawaiicounty.govAdepts\PL\PL\planningApublicAAdlnin Permits Division\VarianceA2026\PL-SV AR-2026-000080-Turpin(road-water)APL-SVAR-2026-000080 Turpin MEMO 3-17-26.doex Encl.: Variance Application& Submittals vt-NN-w.planning.hawaiicounty.gov Hawai'i County is an Equal Opportunity Provider and Employer planninggc�i hawaiicounty.gov 38 Signature: (ze&Y Gy ')&YYDw Jeffrey VV.Darrow(Mar 17,2028 11:06:48 HST) Email: jeff.darrow@hawaiicounty.gov 39 BUILDING DIVISION - DPW COUNTY OF HAWAPI — 101 Pauahi Street, Suite 7 — Hilo, Hawaii 96720 Hilo Office (808) 961-8331 • Fax (808) 961-8410 Kona Office (808) 323-4720 Fax (808) 327-3509 April 10, 2026 TO: Jeffrey W. Darrow (Planning Director) Cc: Hans Santiago (Planner V) SUBJECT: Zoning Variance: SUBDIVISION VARIANCE I PL-SVAR-2026-000080 Applicant: TURPIN, SHANE Owner: TURPIN, SHANE D. Request: Variance from Chapter 23, Subdivisions, Article 6, Division 2, Improvements Required, Section 23-84, Water Supply; and Chapter 23, Subdivisions, Article 3, Design Standards, Division 4, Street Design, Section 23- 41, Minimum Right-of-way and Pavement Widths. TMK: (3) 1-7-023.016 (PL-SUB-2025-000357) This is to inform you that our records on file, relative to the status of the subject discloses that: ❑ No Building permit was issued for work done on the premises. ❑ No building permit was issued for the change of occupancy. ❑ At the time of completion, the subject complied with all Building Code regulations that were in effect. ❑ Variance from any building regulation (Building, Electrical, Plumbing, or Sign) was/was not granted. ❑ The following violations(s) still outstanding: ❑ Building ❑ Electrical ❑ Plumbing ❑ Sign ❑X Others: No DPW-Building Division Comments This status report reflects Building Division records only and does not include information from other agencies. Should you have any questions regarding matters contained herein, please feel free to contact Tod Tanimoto at phone no. (808) 961-8372 Hawai'i County is an Equal Opportunity Provider and Employer BD-10 40 �i I ,: � � � °_� � `��'` � _ , ��' � C� ,.. _ , �,}� � r RSI 1 / S ^ 7 9► � � - ' � _ . � �.� � - � � -� � � � � � �� � �� � �� � �, � � �� C� ��q M O y �� � ` _. � W+7�^�+ i -- ' I °c � � ��� , Y� �„�.r., � E. �� 41 12 April 2026 To: Planning Director Hawai'i County Planning Department 101 Pauahi Street,#3 RE�'D BV MA HL Hilo, Hawai'i 96720 CON PLANNING �y-PT From: Michael D. Larish APR 15 2026 PH2:21 Physical Address: RE: Subdivision Variance Application PL-SVAR-2026-000080 TMK (3) 1-7-023:016 Dear Planning Director: I do not favor Subdivision Variance Application PL-SVAR-2026-000080 for the following reasons: 1. The "Notice To Adjacent Property Owners," dated March 18, 2026, does not present a clear picture of where the project is located. Although the notice refers to TMK (3) 1-7-023:016,the attached map does not indicate where the proposed development is located. The map is essentially a blank map that contains none of the labels—e.g., TMK(3) 1-7-023:016 and Road Lot 6-8—that are referred to in the notice. I attach a copy of this map: the road labels in pen were added by me. The original map had no road labels. 2. Insufficient information on traffic flow is provided. Since North Ala Road is paved, it has the highest traffic flow in our neighborhood. Will the public be excluded from using the new road? Where will the new road connect to North Ala or South Road? Common sense dictates that North Ala should become a public two-lane road between Huina Road and South Road. Will the new road impact the present utility poles on North Ala Road? 42 3. No plan for drainage is provided. 4. No indication of what route earth-moving vehicles plan to take. These vehicles raise noise and public safety concerns. 5. To ensure safe and adequate access for all users, including vehicles, bicycles, and pedestrians,the standard 50-foot ROW with 20-foot pavement should be maintained. Sincerely, Michael D. La ish 43 rw n a ?f r� I IL 4 44 w OFVVATEgs W4� ,~�AiOl i 19: ?49 DEPARTMENT OF WATER SUPPLY COUNTY OF HAWAPI oF�wA � 345 KEKUANAO'ASTREET, SUITE 20 HILO, HAWAI'I 96720 TELEPHONE (808)961-8050 • FAX (808) 961-8657 April 14, 2026 COH PLANNING [0c-P i I PNi - ) REC'D HAND DELIVERIE La �D TO: Mr. Jeffrey Darrow, Director Planning Department FROM: Keith K. Okamoto,Manager-Chief Engineer SUBJECT: Subdivision Variance PL-SVAR-2026-000080 Applicant: Shane Turpin Request: Variance from Chapter 23,Subdivisions,Article 6,Division 2,Improvements Required,Section 23-84,Water Supply; and Chapter 23,Subdivisions, Article 3,Design Standards,Division 4, Street Design,Section 23-41,Minimum Right-of-Way and Pavement Widths Tax Map Key 1-7-023:016(PL-SUB-2025-000357) We have reviewed the subject application and have no comments or objections on the request, as the subject parcel is beyond the service limits of the Department's existing water system. The applicant has indicated that they will utilize private rainwater catchment systems for the proposed lots. We have no objection to the use of rainwater catchment systems; however,we cannot approve or comment to the adequacy of those systems as they do not meet the requirements of the Department's Water System Standards. We recommend that the owner(s)consult with the County of Hawaii, Planning Department, the County of Hawaii, Department of Public Works, and/or the State of Hawaii, Department of Health,to determine any other guidelines, recommendations,or regulations regarding the use of rainwater catchment systems. Should there be any questions,please contact Ms. Robyn Matsumoto of our Water Resources and Planning Branch at(808)961-8070,extension 255. Sincerely yours, PAL, `Keith K. Okamoto, P.E. Manager-Chief Engineer RM:dfg copy— Mr, Shane Turpm dlb&Associates . . . Water, Our Wost Precious Resource. . . Ka WaiA Xane. . . 45 The Department of Water Supply is an Equal Opportunity provider and employer. AFFIDAVIT OF SIGNPOSTING, Project Name /Subdivision Number: � u Tax Map Key(TMK): --_ 3 I, 5�k4A Q rp ✓) [Full Legal Name], of legal age, being first duly sworn, depose and say: That I am the applicant /authorized agent for the applicant in the above-referenced subdivision application. That on 3 - k - Z O Z G[Date- Month Day, Year], I posted a sign on the subject property notifying the public of the nature of the application, pursuant to Hawaii County Code Section 25-2-12. That the sign is located at or near the property boundary,visible from A I a IQ A 4 Sroytt-, Rao _[Road Name]. l t4 W So c I IJ That the sign contains the required information including the nature of the application, proposed use, and contact information for the Planning Department, That I will not remove the sign until final action (granting, denial, or withdrawal) of the application. 12, Signature of Applicant/Authorized Agent Printed Name Sl..c. Date HAWAII J U RAT ;� 4'12 5 _ STATE OF HAWAII COUNTY OF HAWAII ) rrrgip��gt�t����� ) ss. Subscribed and sworn to (or affirmed) before me on this __ day of 20,%y �hU►�l� �QV►C�f U�T O ___(name of affiant), who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and who acknowledged that he/she executed the same as his/her free act and deed. 46 I.-20 Document Date: 1 Y YO►A or El Undated at time of notarization Number of Pages: 2 (including this page) Printed Name of Notary Public (,GUiIiv) (310 Notary Public, State of Hawaii My Commission Expires: ll r( 2 Commission No.: Iq' 12S (Affix Notary Seal/Stamp Here) EN Tq �'%� Doc.Date: (�IQUi 1� C' #Pages: Z �P. •. •. Name: Lauren Ota 3 Circuit �q5, _ _ Doc.DescriptionC. : Aft i G�G V I G� �IQY11XiS� �EII I 1\\\\\\\\\\ PNt signature Date NOT RY CERTIFICATION 47 C. Kimo Alameda, Ph.D. Jeffrey W. Darrow Mayor °' ��,I,,;, Director William V.Brilhante,Jr. �' '� Michelle S.Ahn Managing Director _ Deputy Director t.15 OF H►',,r West Hawaii Office East Hawai'i Office 74-5044 Ane Keohokalole Hwy - 101 Pauahi Street,Suite 3 Kailua-Kona,Hawai'i 96740 County of Hawaii Hilo, Hawai'i 96720 Phone(808)323-4770 Phone(808)961-8288 Fax(808)327-3563 PLANNING DEPARTMENT Fax(808)961-8742 May 14, 2026 Shane Turpin 81 Makalika Street Hilo, HI 96720 Dear Shane Turpin: SUBJECT: Application: SUBDIVISION VARIANCE I PL-SVAR-2026-000080 Applicant: TURPIN, SHANE D. Owner: TURPIN, SHANE D. Request: Variance from Chapter 23, Subdivisions, Article 6, Division 2, Improvements Required, Section 23-84, Water Supply; Variance from Hawaii County Code, Chapter 23, Subdivision, Article 3, Design Standards, Division 4, Street Design, Section 23-41, Minimum Right-of-way and Pavement Widths. Tax Map Key: (3) 1-7-023:016 (PL-SUB-2025-000357) Upon review of your Variance Application (PL-SVAR-2026-000080), the Planning Director certifies the approval of the Water Variance and Road Variance, subject to variance conditions. The Water Variance grants relief for PL-SUB-2025-000357 from constructing minimum County dedicable water supply system improvements for seven (7) lots as required by Hawaii County Code (HCC), Chapter 23 (Subdivisions) and constructing a dedicable roadway conforming to the Department of Public Works (DPW) Standard Detail (Std. Det.) R-19 (2017 Edition). The variance is from the proposed subdivision's minimum requirements pursuant to HCC, Chapter 23 (Subdivisions), Article 6, Division 2, Improvements Required, Section 23-84, Water Supply, (1)(2) and Article 3, Design Standards, Division 4, Street Design, Section 23-41, Minimum Right-of-way and Pavement Widths. BACKGROUND 1. Location. The subject property, being Lot 6, also being a portion of Grant 4495, containing a total land area of approximately 9.623 acres, is situated in Ola`a, Puna, Island of Hawaii, Hawaii. www.ptamiing.hawaiicounty.gov Hawaii County is are Equal Opportunity Provider and Erupinyer ptamiing(ahawaiicounty.gov 48 Shane Turpin PL-SVAR-2026-000080 Variance Approval Letter May 14, 2026 Page 2 2. County Zoning. Agricultural, 1-acre minimum lot size (A-1 a). 3. State Land Use. Agricultural (A). 4. General Plan. Land Use Pattern Allocation Guide (LUPAG) map designates the property as Important Agricultural Lands (ial). 5. Subdivision Code Requirements. a. The subdivision code requires that subdivisions be served by a water system meeting the minimum requirements of the County Department of Water Supply (DWS) and be provided with water mains and fire hydrants installed to and within the subdivision in accordance with the rules and regulations of the Department of Water Supply (DWS). b. The code also requires minimum right-of-way and paving widths of 50-feet and 20-feet, respectively. Paving sould be in compliance with code requirements and conforming to Department of Public Works (DPW) Standard Detail (Std. Det.) R-19 (2017 Edition). 6. Subdivision Request/PPM. Subdivision application PL-SUB-2025-000357 was submitted to subdivide the subject property into seven (7) lots. 7. Subdivision Deferral. Subdivision application PL-SUB-2025-000357 was deferred for review by agencies by letter dated October 14, 2025. 8. Variance Application. The variance request from water supply improvements and roadway requirements for seven (7) lots was acknowledged by Planning Department letter dated March 17, 2026. This variance application includes background history and circumstances and information regarding the pending subdivision application. 9. Agency Comments and Requirements a. County of Hawaii, Department of Water Supply (DWS): See attached Memorandum dated February 5, 2026. (Exhibit A). b. State of Hawaii, Department of Health (DOH): See attached Memorandum dated March 27, 2026. (Exhibit B). c. County of Hawaii, Department of Public Works, Building Division: See attached Memorandum dated April 10, 2026. (Exhibit C). d. County of Hawaii, Department of Water Supply (DWS): See attached Memorandum dated April 14, 2026. (Exhibit D). e. No other agency comments have been received. 49 Shane Turpin PL-SVAR-2026-000080 Variance Approval Letter May 14, 2026 Page 3 10. Notice to Surrounding Owners/Posted Sign. The applicant submitted evidence, dated March 19, 2026, regarding the posting of a public notification sign on the subject property pursuant to Section 23-17(c) of the Hawaii County Code (HCC). Pictures of the posted sign were also submitted. According to USPS certificate of mailing receipts and affixed postal receipts, the notices were mailed on March 18, 2026, as required by Section 23-17(a). Notice of this application was also published in the Hawaii Tribune Herald and West Hawaii Today on March 27, 2026. 11. Comments from Surrounding Property Owners or Public. a. Letter of opposition (Malcolm R. Saxby) dated April 2, 2026. (Exhibit E). b. Letter of opposition (Gary Rosenberg) dated April 6, 2026. (Exhibit F). c. Letter of opposition (Michael D. Larish) dated April 12, 2026. (Exhibit G). 12. Water Supply. The Subdivision Code requires that all new subdivisions provide a water system meeting the minimum requirements of the County of Hawaii — DWS. The intent and purpose of requiring a dedicable water system for and within the proposed subdivision is to assure that adequate water is available for human consumption and fire protection. 13. Lot Access/Roadways. The Subdivision Code requires a minimum of 20-foot-wide dedicable pavement within a minimum 50-foot-wide right-of-way in the Agriculture, 1-acre (A-1 a)zoning district. These improvements would conform to the Department of Public Works (DPW) Standard Detail (Std. Det.) R-19 (2017 Edition). The intent and purpose of access improvement requirements to a proposed subdivision is to ensure legal and physical access to the proposed lots that is clearly defined and accessible from a public road by domestic vehicles, police, fire, & other service vehicles under various weather conditions without constant maintenance. 14. Revised Preliminary Plat Map. A revised preliminary plat map dated February 6, 2026, was submitted with the variance application (Exhibit H). ANALYSIS OF GROUNDS FOR WATER VARIANCE No variance will be granted unless it is found that: (a) There are special or unusual circumstances applying to the subject real property which exist either to a degree which deprives the owner or applicant of substantial property rights that would otherwise be available or to a degree which obviously interferes with the best use or manner of development of that property. 50 Shane Turpin PL-SVAR-2026-000080 Variance Approval Letter May 14, 2026 Page 4 The Variance application meets criterion (a) for the following reasons(s): The subdivision request is for seven (7) lots in keeping with the existing Agricultural, A-1a zoning. Although a dedicable water system is a requirement of the code, the Department of Water Supply (DWS) indicates that "The Department's water system facilities can only provide one (1) unit of water... Therefore, only one (1) of the proposed lots would be able to obtain service at this time." The above special and unusual circumstances would deprive the applicant of developing this property and interfere with the best use of this property. Therefore, for the proposed seven (7) lot subdivision, the best use and manner of the development allows for one (1) lot to be served by a water meter and the remaining six (6) lots to use water catchment systems. (b) There are no other reasonable alternatives that would resolve the difficulty. The Variance application meets criterion (b) for the following reasons(s): The Department of Water Supply has indicated that the existing water system facilities cannot support the proposed subdivision at this time. Developing a water system in compliance with the Department of Water Supply (DWS) requirements for the pending seven (7) lot subdivision would be placing excessive demands upon the applicant because of the extensive improvements required to develop such water system. Since the property does receive a minimum of 60 inches of rain annually, a water catchment system would be in compliance with Planning Department Rule 22. (c) The variance will be consistent with the general purpose of the district, the intent and purpose of this chapter, and the County general plan and will not be materially detrimental to the public welfare or cause substantial, adverse impact to an area's character or to adjoining properties. The Variance application meets criterion (c) for the following reasons(s): Given that there is adequate rainfall (approximately 160-180 inches annually) to support individual water catchment for the lots, the granting of this variance would be consistent with the general purpose of the district. Water catchment is consistent with the intent of the policies of the general plan in that it will further 51 Shane Turpin PL-SVAR-2026-000080 Variance Approval Letter May 14, 2026 Page 5 housing opportunities. Water catchment will not be materially detrimental to the public welfare as it serves only private parties. Subject to conditions, granting of the variance will not cause substantial, adverse impact to the area's character or to adjoining properties. Given that the subject area receives sufficient annual rainfall, a water variance would be consistent with the general purpose of the zoning district and the intents and purposes of the Zoning Code, Subdivision Code and the Hawaii County General Plan. ANALYSIS OF GROUNDS FOR ROADWAY VARIANCE No roadway variance will be granted unless it is found that: (a) There are special or unusual circumstances applying to the subject real property which exist either to a degree which deprives the owner or applicant of substantial property rights that would otherwise be available or to a degree which obviously interferes with the best use or manner of development of that property. The Roadway Variance application meets criterion (a) for the following reasons(s): The subdivider is requesting a variance to allow access to the proposed lots from the existing North Ala Road without improving the existing 10- to 12-foot pavement within a 20-foot-wide right-of-way (North Ala Road) for a distance of approximately 1,600 feet from Huina Road. (b) There are no other reasonable alternatives that would resolve the difficulty. The Roadway Variance application meets criterion (b) for the following reasons(s): There are no reasonable alternatives in resolving the minimum requirements. To upgrade approximately 1,600 feet of the substandard private roadway by the applicant would be cost prohibitive. The imposition of these off-site improvements to the petitioner alone is unfair and unreasonable as others who stand to benefit are not contributing to the cost of the improvements. Additionally, securing the necessary road widening easements from adjacent landowners to North Ala Road would be difficult if not impossible. (c) The variance will be consistent with the general purpose of the district, the intent and purpose of this chapter, and the County general plan and will not 52 Shane Turpin PL-SVAR-2026-000080 Variance Approval Letter May 14, 2026 Page 6 be materially detrimental to the public welfare or cause substantial, adverse impact to an area's character or to adjoining properties. The Roadway Variance application meets criterion (c) for the following reasons(s): The intent and purpose of requiring minimum roadway improvements is to assure that adequate access is available to serve the subdivision. The subject property consisting of approximately 9.623 acres is located within the County's Agricultural A-1 a zoned district under this zoning designation, the minimum building site area or lot size is one (1) acre. The applicant proposes a seven (7) lot subdivision with areas containing or exceeding the minimum one (1) acre lot size requirements of the Zoning Code. This variance would be consistent with the general purpose of the zoning district, the intent and purpose of the zoning and subdivision control codes, and the County's general plan; and will not be materially detrimental to the public welfare; and will not cause substantial adverse impact to the area's character and to adjoining properties. DETERMINATION-VARIANCE CONDITIONS The variance to permit the proposed seven (7) lot subdivision of the subject property by using water catchment (one (1) lot on water meter and six (6) lots on catchment) in lieu of providing a dedicable water system meeting with Department of Water Supply standards and providing a dedicable roadway meeting with subdivision code requirements, is hereby Approved subject to the following variance conditions: 1. The applicant, owners, their assigns, or successors shall be responsible for complying with all stated conditions of approval. 2. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria for the imposition of exactions or the assessment of impact fees, conditions included herein shall be credited towards the requirements of the Unified Impact Fees Ordinance. 3. The owners, their assigns, or successors shall file a written agreement document with the Planning Department within one (1) year from the issuance of tentative subdivision approval. This written agreement shall contain deed language, being covenants, conditions, and restrictions affecting the lots created by the proposed subdivision which is not serviced by a County dedicable public water system. 4. The agreement shall be duly recorded at the State of Hawai'i, Bureau of Conveyances by and at the cost and expense of the owners. A copy of the recorded 53 Shane Turpin PL-SVAR-2026-000080 Variance Approval Letter May 14, 2026 Page 7 document shall be supplied to the Planning Department for our files. 5. If there are any amendments or changes to the subdivision after the agreement is signed, the applicant shall be responsible for informing the County Planning Department of such amendments or changes so that the agreement can be amended concomitantly. Further, the recorded agreement shall be binding upon the owner(s), their successors or assigns and shall be incorporated as an exhibit and made part of each agreement of sale, deed, lease, or similar documents affecting the title of the existing property or approved subdivided lots. 6. The subdivider and all grantees, successors, and assigns acknowledge that the parcels were created by a variance, from the normal subdivision requirements of Hawaii County, and that there are no longer any special or unusual circumstances applying to the property, and hence, no grounds exist or will exist for another variance, from the Subdivision Code to permit further subdivision of the properties, unless County dedicable public water system requirements and other requirements of HCC Chapter 23, Subdivisions, are met. 7. The owners, grantees, successors, and assigns agree and accept the fact that a County dedicable public water system will not be extended, to serve the lots within proposed subdivision PL-SUB-2025-000357. 8. The owners, grantees, successors, and assigns agree and accept the fact that the County will not bear the responsibility of supplying public water to the subdivided lots. No further subdivision of the lots will be permitted unless County dedicable public water system requirements and other requirements of HCC Chapter 23, Subdivisions, are met. 9. Any dwelling constructed on any created lot not served by the Department of Water Supply, shall be provided with, and maintain a private rainwater catchment system, which includes a minimum 6,000-gallon water storage capacity for domestic consumption or potable uses. This private water storage system shall adhere to the University of Hawai`i's College of Tropical Agriculture and Human Resources' "Guidelines on Rainwater Catchment Systems for Hawai'i," as well as the Department of Health requirements related to water testing and water purifying devices. 54 Shane Turpin PL-SVAR-2026-000080 Variance Approval Letter May 14, 2026 Page 8 10. In addition to the 6,000-gallon water storage capacity, for domestic consumption or potable uses, each permitted dwelling on a lot, not served by the Department of Water Supply, shall also be provided with a minimum 3,000-gallon water storage capacity dedicated for firefighting and emergency purposes. The location and capacity of the emergency water supply system, including the necessary compatible fire apparatus connector system and access routes, shall meet with the approval of the Hawaii Fire Department. The Hawaii Fire Department also advises, as a precautionary measure for other uninhabited structures, that consideration be given to the provision of a similar water storage system for firefighting and emergency purposes. 11. If the County notifies the owner(s) of the lot(s) created that the County water system has been upgraded or an improvement district initiated to enable service to the lots, the owner(s) of the lots shall participate in such improvement district or shall pay their pro-rata share of the upgrade and installation of laterals, as determined by the Department of Water Supply. 12. No proposed lot shall take direct access off South Road. All proposed lots shall take access directly off North Ala Road. A"I 0-foot wide no vehicular access and planting screen easement" shall be indicated on the final plat map along the entire frontage of South Road. 13. A 15-foot-wide future road widening reserve shall be indicated on the final plat map along the entire North Ala Road frontage for the proposed subdivision. 14. The 15-foot-wide future road widening reserve along North Ala Road shall be improved with a 4-inch-thick layer of aggregate base course, remain clear of obstruction, and be maintained by the underlying landowner. The road widening area shall generally provide vehicles with some room to pull over to help facilitate traffic flow along North Ala Road. 15. All proposed lots shall have a minimum of 1-acre of net land area when subtracting the land area within the 15-foot-wide future road widening. 16. The pending subdivision application's (PL-SUB-2025-000357) final plat map shall meet all the requirements of the Hawaii County Zoning Code and the Subdivision Code that are not covered by this variance. 17. The subdivider, owner(s), their assigns, or successors shall pay any outstanding real property taxes and comply with all other applicable State statutes and County ordinances pertaining to building improvements, land use, and the public's health, safety, and welfare. 55 Shane Turpin PL-SVAR-2026-000080 Variance Approval Letter May 14, 2026 Page 9 Should any of the foregoing conditions not be complied with, the Planning Director may proceed to declare this Variance Permit null and void. Please direct any questions to Hans Santiago at Hans.Santiago(c�hawaiicounty.gov, or by phone at (808) 961-8165. Sincerely, (7e FLe� W. DaPtow Jeffrey W. Darrow(May 19, 2026 05:01:01 HST) JEFFREY W. DARROW Planning Director HS:cn \\hawaiicounty.gov\depts\PL\PL\planning\public\Admin Permits Division\Variance\2026\PL-SVAR-2026-000080-Turpin(road- water)\PL-SVAR-2026-000080 Turpin APVL 05-14-26.docx Encls: Exhibit A— County of Hawaii — Department of Water Supply (2/5/26) Exhibit B — State of Hawaii — Department of Health Comments (3/27/26) Exhibit C — County of Hawaii — Department of Public Works (4/10/26) Exhibit D — County of Hawaii — Department of Water Supply (4/14/26) Exhibit E — Comment Letter— Puna Certified Nursery (4/2/26) Exhibit F — Comment Letter— Gary Rosenberg (4/6/26) Exhibit G — Comment Letter— Michael D. Larish (4/12/26) Exhibit H — Revised Preliminary Plat Map (2/6/26) cc: Subdivision Section, PL-SUB-2025-000357 DPW-Engineering DWS-Engineering DOH-State Environmental Health & Wastewater Branch A. Gunn, GIS Section, Planning Department E. Ta, GIS Section, Planning Department Daniel Berg, L.P.L.S., dlb & Associates 56 EXHIBIT:A:] i9� •�iv DEPARTMENT OF WATER SUPPLY - COUNTY OF HAWAI`l ro T`�Hew �r 345 KEKIJANACYA STREET, SUITE 20 HILO, HAWAI`i 96720 TELEPHONE (808) 951-8050 • FAX (808) 961-8657 February 5,2026 GH PLANNING DFPT TO: Mr. Jeffrey Darrow, Director Planning Department RECT HPIND DEUt,ERfc_D FROM: Keith K. Okamoto, Manager—Chief Engineer SUBJECT: Preliminary Plat Map and Defer Action Subdivider: Shane D.Turpin Tax Map Key 1-7-023:016(PL SUB-2025-000357) We have reviewed the subject application and have the following comments. Please be informed that there is an existing 6-inch waterline within South Road and Nala Road adjacent to the subject parcel. For your information,the subject parcel does not currently have water service with the Department. The Department's water system facilities can only provide one(1) tin it of water,or one(l)5/8-inchmeter, per pre-existing lot of record,which is suitable for only one(1) single-family dwelling. Therefore, only one (1)of the proposed lots would be able to obtain service at this time. The Department's existing water system facilities cannot support the proposed subdivision at this time. Extensive improvements and additions,which may include. but not limited to source, storage, booster pumps,transmission,and distribution facilities, would be required. Should the subdivision be approved by the Planning Department, we request that the applicant designate, in writing, which one(1) lot within the proposed subdivision that is fronting South Road or Nala Road be assigned the one(1) service. The applicant shall be informed that the meter shall not be shared with the other proposed lots and the water system piping between the lots shall not be interconnected in any way. Should there be any questions, please contact Ms. Robyn Matsumoto of our Water Resources and Planning Branch at(808)961-8070,extension 255. Sincerely yours, Keith K. oto, P Manager-Chief Engineer RM:dfg copy— Mr. Shane Turpin dlb&Associates . . . Water, Our,Most(Precious Resource. . . Ka ` (Jai A Kane . . . 57 The Department of Water supply is an Equal Opportunity provider and employer, EXHIBIT B From: Honda, Eric T. <Eric.Honda@doh.hawaii.gov> Sent: Friday, March 27, 2026 8:27 AM To: Planning Internet Mail Subject: PL-SVAR-2026-000080 Attachments: PL-SVAR-2026-000080 TMK1-7-023--016.pdf Follow Up Flag: Follow up Flag Status: Flagged Eric Honda District Environmental Health Program Chief Hawai'I State Department of Health I Ka`Oihana Olakino 1582 Kamehameha Ave., Hilo HI 96720 Office: (808) 933-0917 CONFIDENTIALITY NOTICE:This mail message(and attachments)is for the sole use of the intended recipient(s). It may contain confidential and/or privileged information. It might also be protected from disclosure under the Hawai'i Uniform Information Practice Act (UIPA)or other laws and regulations. Review, use, disclosure, or distribution by unintended recipients is prohibited. If you are not the intended recipient, please contact the sender immediately in a separate e-mail and destroy the original message and any copies. 1 58 JOSH GREEN,M.D. ��n times KENNETH S.FINK, M.D,MGA, MPH GOVERNOR OF HAWAII r sasa ❑IRECTOR OF HEALTH KE KIA'AINA O KA MOKV'AMA O HAWAI'I KA LUNA HO'OKELE STATE OF HAWAII DEPARTMENT OF HEALTH P,O, BOX 916 HILO, HAWAII 96721-0916 MEMORANDUM DATE: March 27, 2026 TO: Mr. Jeffrey W. Darrow Planning Director, County of Hawaii FROM. Eric Honda District Environmental Health Program Chief SUBJECT: Application: SUBDIVISION VARIANCE PL-SVAR-2026-000080 Applicant: TURPIN, SHANE Owner: TURPIN, SHANE Request: Variance from Chapter 23, Subdivisions,Article6, Division 2, Improvements Required, Section 23-84 Water Supply; and Chapter 23, Subdivisions, Article 3, Design Standards, Division 4, Street Design, Section 2341 Minimum Right-of-Way and Pavement Widths. TMK: 1-7-023:016 (PLOSUB-2025-000357) In most cases, the District Health Office will no longer provide individual comments to agencies or project owners to expedite the land use review and process. Agencies, project owners, and their agents should apply Department of Health "Standard Comments"regarding land use to their standard project comments in their submittal. Standard comments can be found on the Land Use Planning Review section of the Department of Health website: https:llhealth.hawaii.gov/oo/tanduse/. Contact information for each Branch/Office is available on that website. Note: Agencies and project owners are responsible for adhering to all amlicable standard comments And obtaining prover and necessary hermits before the commencement of any work. General summary comments have been included for your convenience. However, these comments are not all-inclusive and do not substitute for review of and compliance with all applicable standard comments for the various DOH individual programs. 59 Jeffrey W. Darrow March 27,2026 Page 2 of 4 Clean Air Branch 1. All project activities shall comply with the Hawaii Administrative Rules (HAR), Chapters 11-59 and 11-60.1. 2. Control of Fugitive Dust: You must reasonably control the generation of all airborne, visible fugitive dust and comply with the fugitive dust provisions of HAR §11-60.1-33. Note that activities that occur near existing residences, businesses,public areas, and major thoroughfares exacerbate potential dust concerns. It is recommended that a dust control management plan be developed which identifies and mitigates all activities that may generate airborne and visible fugitive dust and that buffer zones be established wherever possible. 3. Standard comments for the Clean Air Branch are at: hllps://health.hawaii.gov/epo/landusel Clean Water Branch 1. All project activities shall comply with the HAR, Chapters 11-53, 11-54, and 11-55. 1. The following Clean Water Branch website contains information for agencies and/or project owners who are seeking comments regarding environmental compliance for their projects with HAR, Chapters 11-53, 11-54, and 11-55: https./Ihea]th.liawaii.gov/cwb/clean-water-branch-home- page/ewb- standard-comments/. Hazard Evaluation& Emergency Response Office 1. A Phase I Environmental Site Assessment(ESA) and Phase II Site Investigation should be conducted for projects wherever current or former activities on site may have resulted in releases of hazardous substances, including oil or chemicals. Areas of concern include current and former industrial areas, harbors, airports, and formerly and currently zoned agricultural lands used for growing sugar, pineapple or other agricultural products. 2. Standard comments for the Hazard Evaluation& Emergency Response Office are at: https://health.hawaii.gov/epo/Ianduse/. 1 nndor and Radiological Health Branch 1. Project activities shall comply with HAR Chapters 11-39, 11-45, 11-46, 11-501, 11- 502, 11-503, and 11-504. 2. Noise may be generated during demolition and/or construction. The applicable maximum permissible sound levels, as stated in Title 11, HAR, Chapter 11-46, "Community Noise Control,"shall not be exceeded unless a noise permit is obtained from the Department of Health. 3. Construction/Demolition Involving Asbestos: If the proposed project includes renovation/demolition activities that may involve asbestos,the applicant should contact the Asbestos and Lead Section of the Branch at h ttps://health.haw ai i.gov/i rhb/asbestos/. 60 Jeffrey W. Darrow March 27,2026 Page 3 of 4 Safe Drinking Water Branch 1. Agencies and/or project owners are responsible for ensuring environmental compliance for their projects in the areas of 1) Public Water Systems; 2) Underground Injection Control; and 3)Groundwater and Source Water Protection in accordance with HAR Chapters 11-19, 11-20, 11-21, 11-23, 11-23A, and 11- 25. They may be responsible for fulfilling additional requirements related to the Safe Drinking Water program: https:!fhealth.hawaii.gov/sdwb/. 2. Standard comments for the Safe Drinking Water Branch can be found at: littps://healdi.liawaii.gov/epo/tanduse/. Solid& Hazardous Waste Branch 1. Hazardous Waste Program - The state regulations for hazardous waste and used oil are in HAR Chapters 11-260.1 to 11-279.1. These rules apply to the identification, handling, transportation, storage, and disposal of regulated hazardous waste and used oil. 2. Solid Waste Programs - The laws and regulations are contained in HRS Chapters 3391), 342G, 342H, and 3421, and HAR Chapters 11-58.1 and 11-282. Generators and handlers of solid waste shall ensure proper recycling or disposal at DOH-permitted solid waste management facilities. If possible,waste prevention, reuse,and recycling are preferred options over disposal. The Office of Solid Waste Management also oversees the electronic device recycling and recovery law, the glass advanced disposal fee program, and the deposit beverage container program. 3. Underground Storage Tank Program —The state regulations for underground storage tanks are in HAR Chapter 11-280.1. These rules apply to the design, operation, closure, and release response requirements for underground storage tank systems, including unknown underground tanks identified during construction. 4. Standard comments for the Solid& Hazardous Waste Branch can be found at: littps://healdi.hawaii.gov/epo/landuse/. Wastewater Branch For comments,please email the Wastewater Branch at doh.wwb(a7doh.hawaii.gov. Sanitation /Local DOH Comments: 1. According to HAR §11-26-35,No person,firm,or corporation shall demolish or clear any structure without first ascertaining the presence or absence of rodents that may endanger public health by dispersal from such premises. Should any such inspection reveal the presence of rodents,the rodents shall be eradicated before demolishing or clearing the structure. A demolition permit is required prior 61 Jeffrey W. Darrow March 27,2d26 Page 4 of 4 to demolition. Other 1. CDC - Healthy Places- Healthy Community Design Checklist Toolkit recommends that state and county planning departments, developers, planners, engineers, and other interested parties apply these principles when planning or reviewing new developments or redevelopment projects. 2. If new information is found or changes are made to your submittal, DOH reserves the right to implement appropriate environmental health restrictions as required. Should there be any questions on this matter,please contact the Department of Health, Hawaii District Health Office, at(848) 933-0917. 62 EXHIBIT C From: Tanimota,Tod Sent: Friday, April 10, 2026 7:28 AM To: Planning Internet Mail Cc: Domino, Chris; Spielman, Aaron Subject: FW: PD Subclivlsion Variance Agency Memo (PL-SVAR-2026-000080) on TMK: 1-7-023:016 Attachments: 2026-03-17 PL-SVAR-2026-000080 Acknowledgement Letter.pdf; 2026-03-17 PL- SVAR-2026-000080 Agency Memo.pdf; BD-10 - SUBDIVISION VARIANCE - PL- SVAR-2026-000080 (Turpin).pdf Follow Up Flag: Fallow up Flag Status: Flagged Aloha All, Attached (BD-10) is the DPW Building Division comment response so Subdivision Variance PL-SVAR-2026- 000080(Turpin). Mahalo Tod Tani Moto Building Plans Examiner V County of Hawaii Public Works Building Division Aupuni Center 101 Pauahi Street,Suite 7 Hilo, Hawaii 96720-4224 From: ❑ta,Stephanie Stephanie.Ota2hawaiicounty.gov> Sent:Tuesday, March 17, 2026 3:18 PM To: Honda, Eric<eric,honda(Tdoh.hawaii.ggv>; Line, Michael Y. <michael.une@doh.hawaii.goy; Dane.Hiromasa fdoh.hawaii.gov: mark.tomomitsu@doh.hawaii.gov; DPW- BLDG<Kelly.Wilson@hawaiicounty.gov>; Spielman, Aaron cAaron.Spielman@hawaiicounty.gov>; Fire Admin<fire@hawaiicounty.pov>; DWS d wse ngi nee ri ngrevi ew@ hawa i i dws.o rg> Cc: Santiago, Hans<Hans.Santiago@hawaiicounty.flov>; Nelson, Catherine<Catherine.Nelson@ hawaiicounty.gov> Subject: PD Subdivision Variance Agency Memo(PL-SVAR-2026-000080)on TMK: 1-7-023:016 Aloha, Please find your PDF copy attached for the Planning Department's Subdivision Variance Agency Memo and EPIC Submittalforthe above-referenced File No. and TMK. Please use the link below to review the EPIC Application. 1 63 - 2026-02-10 PL-SVAR-2026-000080 EPIC SUBMITTAL.pdf There will be no hardcopy to follow. **We kindly ask that you forward your comments electronically(PDF)to planning(ftawaiicounty.g(w by April 16,2026.** Should you have any questions, please contact Hans Santiago(cc'd herein)at(808)961-8165. Thank you, 031CPA AC OZc[ Administrative Permits Division County of Hawaii [ Planning Department 101 Pauahi Street, Suite 3 1 Hilo, HI 96720 2 64 ZY or C.Kimo Alameda,Ph.D. ;..... , Jeffrey W.Darrow Manor , Dimcior William V.Brilhante Jr. Michelle S. Ahn Managing lTarecior Deputy Dit-eclor ." ;� West Hawaii Office East Hawaii Office 74-5044 Ane Keohokalole Hwy ■ 101 Pauahi street,Suite 3 Kailua-Kona,Hawai'i 96740 County of Hawal i Hilo,Hawaii 96720 Phone{808)323-4770 Phone(808)961-8288 Fax(808)327-3563 PLANNING DEPARTMENT Fax(808)961-8742 March 17, 2026 Shane Turpin 81 Makalika Street Hilo, HI 96720 Dear Shane Turpin: SUBJECT: Application: SUBDIVISION VARIANCE I PL-SVAR-2026-4104lONO Applicant: TURPIN,SHAKE Owner: TURPIN,SHAKE Request: Variance from Chapter 23,Subdivisions, Article 6, Division 2, Improvements Required, Section 23-84, Water Supply;Variance from Hawaii County Code, Chapter 23, Subdivision, Article 3,Design Standards, Division 4, Street Design, Section 2341, Minimum Right-of-way and Pavement Widths. Tax Map Key: (3) 1-7-023:016 (PL-SUB-2025-000357) This is to acknowledge the receipt of your completed Variance Application, submittals, and filing fee as of February 11, 2026. In view of your application and Hawaii County Code, Chapter 23, Subdivisions, Section 23-18, Actions on Variances, the Planning Director will render a decision on the subject variance application no later than May 15, 2026. The deadline for submitting written public comments to the Planning Director is April 16, 2026. Therefore, pursuant to Section 23-17, Procedures for Variances, within three (3) working days of receiving this letter, the applicants, or applicant's authorized representative, shall serve notice of the variance decision dates cited above on owners of interest within three hundred (300) feet of the perimeter boundary of the subject property. The notice is required to include the following information: 1. The name of the applicant and/or the applicant's representative,their address and telephone number. 2. The precise location of the property,including a location map or vicinity map of the subject www.planning.hawaiicountu.eov Heiwai`i Couniy is an Equal Oppora milyPrai4 der and Emploj er planning awaiicounty_.ga�, 65 Shane Turpin PL-SVAR-2026-000080 Variance Acknowledgement Letter March 17, 2026 Page 2 TMK property, or sufficient written directions that the notified property owners or general public can precisely locate the property involved. 3. Identify the Chapter 23 variance request or nature/purpose of the request. Include,identify, and describe, if necessary, any structures or issues involved. 4. The notice shall also include the tentative date of the Director's decision, the telephone number and address of the Planning Department (Hilo Office) where written public comments can be sent; and 5. The deadline for submitting written public comments to the Planning Director is April 16, 2026. Pursuant to Section 23-17 (c)Within ten days of filing the application for a variance,the applicant shall post a sign on the subject property notifying the public of the nature of the variance, the proposed number of lots,the size of the property, the tax map key or keys of the property and that they may contact the planning department for additional information. The sign shall give the address and telephone number of the planning department. The sign should also be inclusive of the associated subdivision application filed earlier. Proof of service of the above notice must be submitted in a timely fashion and incorporated into subject subdivision and variance file before anv action or decision is rendered on the variance request. Failure to do so in a timely fashion may delay the decision date or result in the application being denied. Should you have any questions, please feel free to contact Hans Santiago at(808) 961-8165 or via email at hans.santiago(a?hawaiicounty.gov. Sincerely, ee Jeffrey .Barrow(Mar 17,2026 ifAlF.k Is 1) JEFFREY W. DARROW Planning Director HS:sklo llhawaii county.goy,.deptsVL\PL\planning\public\Admin Pernvts L1ivisionWaiianee120261PL SVAR-2026-000030-Turpin(mad-water)1PL- SVAR-2026-000080 TutTin ACK 3-17-26.docx cc: dlb & Associates, Dan Berg 66 ZY OF y C.Kimo Alameda,Ph.D. Jeffrey W.Darrow Manor - • I Uimcior William V.Brilhame Jr. Michelle S. Ahn Managing Director � .•� IJepury L7ireclor moo• r ••�-oi'Kr.N West Hawaii office East Hawaii Office 74-5044 Ane Keohokalole Hwy f 01 Pauahi street,Suite 3 Kailua-Kona,Hawai'i 96740 County of Hawaii Hilo,Hawaii 96720 Phone{808)323-4770 Phone(808)961-8288 Fax(808)327-3563 PLANNING DF.PART1 FNT Fax(808)961-8742 MEMORANDUM DATE:March 17, 2026 TO DEPARTMENT OF WATER SUPPLY DEPARTMENT OF PUBLIC WORKS HAWAI`I FIRE DEPARTMENT STATE DEPARTMENT OF HEALTH FROM- JEFFREY W.DARROW Planning Director 3wo v SUBJECT: Application: SUBDIVISION VARIANCE PL-SVAR-2026-000080 Applicant: TURPIN, SHANE Owner: TURPIN, SHANE Request: Variance from Chapter 23,Subdivisions,Article 6, Division 2,Improvements Required,Section 23-94, Water Supply; and Chapter 23, Subdivisions, Article 3, Design Standards,Division 4, Street Design,Section 2341, Minimum Right-of-way and Pavement Widths. Tax Map Key: (3) 1-7-023:016 (PL-SUS-2025-000357) A copy of the above-referenced Variance Application and attaclunents are enclosed for Agency review and comments. The Planning Director will render a decision on the subject variance application no later than May 15, 2026. We ask that you forward your comments electronically to: planninghawaiicounty.gov no later than April 16 2026. Should you have any questions, please feel free to contact Hans Santiago at (808) 961-8165 or via email at hans.santiaao(c—vhawaiicotuiLy.cov. Thank you. HS:sklo 1lhawaitcounty.gov%deptslPLIPLIplaoninglpubliclAdnyn Peruuts DivisionlVariance'2026\PL-S VAR-202[r000080-Turpin(road-xvater)1PL-SVAR-2026-0001080 Tenpin MEMO 3-17-26.doux Encl.: Variance Application & Submittals www.planning.hawaiieounty.¢ov Hawaii Counly is an Equal OpporninilyProvider and Employer p1annin1!W1awaiicnun1y_.wv 67 Signature: e Y6y W Lwow Email: jeff.darrow@hawaiicounty.gov 68 �J- _�`=n BUILDING DIVISION — DPW .;. COUNTY OF HAWAI'I— 101 Pauahi Street, Suite 7— Hilo, Hawaii 96720 Hilo Office (808) 961-8331 . Fax (808) 961-8410 Kona Office(808) 323-4720 • Fax (808) 327-3509 April 10, 2026 TO: Jeffrey W. Darrow (Planning Director) Cc: Hans Santiago (Planner V) SUBJECT: Zoning Variance: SUBDIVISION VARIANCE I PL-SVAR-2026-000080 Applicant: TURPIN, SHANE Owner: TURPIN, SHANE D. Request: Variance from Chapter 23, Subdivisions, Article 6, Division 2, Improvements Required, Section 23-84, Water Supply; and Chapter 23, Subdivisions, Article 3, Design Standards, Division 4, Street Design, Section 23- 41, Minimum Right-of-way and Pavement Widths. TMK: (3) 1-7-023:016 (PL-SUB-2025-000357) This is to inform you that our records on file, relative to the status of the subject discloses that: ❑ No B u i Id incl permit was issued for work done on the premises. ❑ No building permit was issued for the change of occupancy. ❑ At the time of completion, the subject complied with all Building Code regulations that were in effect. ❑ Variance from any building regulation (Building, Electrical, Plumbing, or Sign) was/was not granted. ❑ The following violations(s) still outstanding: ❑ Building ❑ Electrical ❑ Plumbing ❑ Sign ❑X Others: No DPW-Building Division Comments This status report reflects Building Division records only and does not include information from other agencies. Should you have any questions regarding matters contained herein, please feel free to contact Tod Tanimoto at phone no. (808) 961-8372 Hawaii County is an Equal Opportunity Provider and Employer BD-10 69 EXHIBIT D�q,5 eA Op i DEPARTMENT OF WATER SUPPLY ■ COUNTY OF HAWAVI •.•••.;'.•. 345 KEKEJANAO'ASTREET, SUITE 20 HILO, HAWAI'l 96720 TELEPHONE(808)961-8050 • FAX (808)961-8657 April 14, 2026 C014 PLANNING DFPT APR 15 2026 Pm2:30 REC'D HAND DELIVERED TO: Mr. JeFti-ey Darrow, Director Planning Department FROM: Keith K. Okamoto, Manager-Chief Engineer SUBJECT: Subdivision Variance PL-SVAR-2026-000080 Applicant: Shane Turpiu Request: Variance from Chapter 23,Subdivisions.,Article 6,Division 2, Improvements Required, Section 23-84,Water Supply; and Chapter 23, Subdivisions, Article 3,Design Standards,Division 4, Street Design,Section 23-411, Minimum Right-of-Way and Pavement Widths Tax Map Key 1-7-023:016(PL-SUB-2025-000357) We have reviewed the subject application and have no comments or objections on the request, as the subject parcel is beyond the service limits of the Department's existing water system. The applicant has indicated that they will utilize private rainwater catchment systems for the proposed lots. We have no objection to the use of rainwater catchment systems; however, we cannot approve or comment to the adequacy of those systems as they do not meet the requirements of the Department's Water System Standards. We recommend that the owner(s)consult with the County of Hawaii, Planning Department, the County of Hawai i, Department of Pub]is Works,and/or the State of Hawai i, Department of Health, to determine any other guidelines. recommendations, or regulations regarding the use of rainwater catchment systems. Should there be any questions, please contact Ms. Robyn Matsumoto of our Water Resources and Planning Branch at(808)961-8070, extension 255. Sincerely yours. P�7 L, Keith K. Okamoto, P.E. Manager-Chief Engineer RM:dfg copy— Mr. Shane Turpin d[b&Associates . . . Water, Our914ost Precious Resource . . . Kp WaiA KZne. . . 70 The Department of Water Supply is an Equal Opportunity provider and employer. EXHIBIT E From: Sent: Ru Pay,EAp r P22RP To: Plannin Internet Mail Cc: Subject: Re: Subdivision Variance Application PL-SVAR-2026-000080 Attachments: Malcolm Saxby Letter for PL_SVAR_2026_000080.pdf,Turpin Variance App PL_SVAR_ 2026_000080.pdf Importance: High Hello! Please see attached letter from Malcolm Saxby. Should you have any questions feel free to contact him at Thank you! Aloha! 5uaana ICWC3� PUNA CERTIFIED NURSERY P.O. BOX 771 HILO, HAWAII 96721-0771. i ce Phone# 808 966-8300 Fax#(808)982-8090 Ernail: sU_Sana@p.11.n.acertifi.e.dnurse.ry.c.Q.m IMPORTANT/CONFIDENTIAL:This message maycontain confidential and privileged information.If it has been senttoyou in error, please reply to inform the sender of the error and then delete this message. 1 71 e� Puma CERTIFIED NURSERY April 2, 2026 Hawai'i County Planning Department 101 Pauahi Street, #a;3 Hilo, Hawaii 96720 Re: Subdivision Variance Application PL-SVAR-2026-000080 ; TM (3)1-7-023 :016 Dear Friends, I am writing this letter regarding the application above, at this time i am not in favor of this variance for the following reasons: 1. Some history, former Mayor Stephen Yamashiro and I worked together to pave the existing road. 2. The road was lightly paved to help homeowners enter and depart from at that time a dirt and very rough road. 3. The existing pavement is roughly 10'wide and would not support additional traffic and wear and tear. 4. The utility poles are located very close to edge of road and would present additional damages with increased traffic. S. The existing water line, as is known runs underground in the middle of the road,this would be diff1cutt to service. 6. At the entrance to the existing road,there is a deep ravine which would present a problem if guard rails are not installed. If any additional information is needed, please feet free to contact me or i can also come to your office. Sincerely, PCN INC. dba PUNA CERTIFIE❑ NURSERY Malcolm R.Saxby Owner/President Specializing in Dracaenas, Palms and Landscape Plants, Landscaping License C-2-1348 P.O. BOX 771 HILO, HI 9672 1 -077 1 PH: (808) 96 -8300 Fax: (808) 982-8090 72 March 18, 2026 NOTICE TO ADJACENT PROPERTY OWN ERS (Re: Subdivision VarianceApplication PL-SVAR-2026-000080 TMK(3) 1-7-023:016) Gear Neighbor,g Puna Cer'lified Nursery Inc. I am the applicant and owner of the property identified below. This letter serves as official notice, pursuant to Hawaii County Code Chapter 23,Sectien 23-17, that I have applied for subdivision variances affecting a property located within three hundred(300)feet of your parcel. 1.Applicant Information Shane Turpin 81 MakaLika Street Hilo, HI 96720 Phone: 2. Precise Location of the Property Tax Map Key: (3) 1-7-023:016 A location/vicinity map is attached for your reference. 3. Nature and Purpose of the Variance Request Attached is an official public notice describes the project and the two variances being requested: 4. Director's Decision Date and Where to Send Comments The Planning Director will render a dec' i n on this variance appLication no later than May 15, 2026. Written public comments may be sent to: Hawaii County Planning Department 101 Pauahi Street, #3 Hilo, Hawaii 96720 Xr L � Phone: (808)961-8288 1 'q71 5. Deadli no for Written Pubdc:Comments All written comments must be received by the Planning Director no later than April 16,2026. Thank you for your attention to this matter. If you have any questions,you may contact me directly or the Planning Department at the number above. Sincerely, Shame Turpin Applicant 1 Owner 73 Spoelfic 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-cf•way width of approximately 20-22 feet in portions of Road Lot 6-8 tas 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 properly 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. 74 `ram rrmntznonoo �,f`�� 1(17011]0290000 + -omuau000 ` .. nonnun ;noon 17,pn50140000 ��O 11- oo.mianonn i-11o0s01 soon�i 1 :.O I60000 � 1:'utinn n NOTICE OF SUBDIVISION APPLICATION NOTICE OF VARIANCE APPLICATIONS Water System and Road Access AFFECTING TMK 1-7-023-016 PROPOSED 7 LOTS, TOTAL AREA 9.523 AC FOR MORE INFORMATION, CONTACT: Planning Department 101 Pauahi Street, #3 Hilo Hawaii 96720 Phone: (808) 961-8288 76 EXHIBIT F From: gary rosenberg Sent: Monday, April 6, 2026 11:04 AM To: Planning Internet Mail Cc: Subject: Objection to application for variance PL-2026-000080,TMK: (3) 1-7-023:16 To: Director of Planning, Hawaii County From: Gary Rosenber , Re: Objection to application for variance PL-2026-000080,TMK: (3) 1-7-023-.16 Dear Director, Please consider that after extensive discussions with our neighbors we concur that it is inappropriate and unsafe to extend a variance to enable the subdivision of TMK: (3) 1-7-023:16. This corner lot and the corner of South Road and North Ala Road specifically is unsuitable for to additional traffic, specifically the potential of young children on bicycles and stray animals being hit by through traffic. As the legal owner of South Road, i have already discussed this with the applicant and expressed my concerns over the safety of our neighbors should additional,housing be developed on this corner.The neighborhood is agricultural, density and the condition of the roads will not support this level of increased density on that corner. North Ala Road is one lane without sufficient turn-offs. In the normal course of travel it is now necessary to negotiate passage with oncoming traffic, in my experience almost every time I Leave or return home. Additionally,there is a soft shoulder at that point on South Road from which I have had to help extract vehicles on more than one occasion due to the road conditions. All of the properties, both on North Ala and on South Road from that intersection Malka are agricultural. Given that we can anticipate food shortages in the near future due to geopolitical events it is now more than ever imperative that our government support remaining agricultural enterprises and restrict the incursion of residential development in agricultural,areas. i 77 Please feel free to reach out if I can be of any additional assistance regard ingthis matter And should you choose to proceed with granting this variance please inform me and our neighbors such that we might appeal that decision. Very truly, Gar Rosenber z 78 EXHIBIT G 12 April 2026 To: Planning Director Hawai'i County Planning Department 101 Pauahi Street,#3 1 ECT BY M i L Hilo, Hawai'i 96720 C011 Pl_AN,?41NG DEFT From: Michael D. Larish APR 15 2026 PM2:21 Physical Address: RE: Subdivision Variance Application PL-SVAR-2026-000080 TMK (3) 1-7-023:016 Dear Planning Director: I do not favor Subdivision Variance Application PL-SVAR-2026-000080 for the following reasons: 1. The "Notice To Adjacent Property Owners,"dated March 18, 2026, does not present a clear picture of where the project is located. Although the notice refers to TMK(3) 1-7-023:016,the attached map does not indicate where the proposed development is located. The map is essentially a blank map that contains none of the labels—e.g., TMK(3) 1-7-023:016 and Road Lot 6-8--that are referred to in the notice. I attach a copy of this map: the road labels in pen were added by me. The original map had no road labels. 2. Insufficient information on traffic flow is provided. Since North Ala Road is paved, it has the highest traffic flow in our neighborhood. Will the public be excluded from using the new road? Where will the new road connect to North Ala or South Road? Common sense dictates that North Ala should become a public two-lane road between Huina Road and South Road. Will the new road impact the present utility poles on North Ala Road? 79 3. No plan for drainage is provided. 4. No indication of what route earth-moving vehicles plan to take. These vehicles raise noise and public safety concerns. 5. To ensure safe and adequate access for all users, including vehicles,bicycles, and pedestrians,the standard 50-foot ROW with 20-foot pavement should be maintained. Sincerely, M■C/� -17 Michael D. La isle 80 MGM I A gliw > � z � a m .� 00 0 3 co o T; _ 1]� •� �N(J (n 2 2 O iA O Q J v ° �� ¢ biSS• a.. N a Y ° J a m w 0 O 7 v u VI m N o O p N y O}' 2v CN v o ° Z Z IL _ N v O J w w W rn 3 U O in Uwg�z Q 3E :oa arn3 v v c J ul s x t 3 >r lt7 a ZQ `o •� H O1 O co 3 0 5 .o O -° •V o 1 () o v o * o � o 3 v N v o - � z N = �! Y V or o v N v L O Q v N N 9 J E v c CO a oN v c d E _ O O V O I- v oN a° L w �O ¢ t 0- O O W z O o� ° a o N o - � � W N I 00¢ _ 0 ZY� UI N .. '�� T •� N Q m NZYS "' NX cup o °4 X O 0 ,»2 a vNa O o o y° ° oo OH�OS N Z H JO liN OZ Z m J 0 U 7 I w aZln N-Oi I NiY O� � q N vl oY M 30VOINOM 7VI1N30IS3N A&MINd a �a `p A35SnH '3 NIA173 O1VSIMONOW OVSVW NOW 110 810-L-1 (£)NWl ... .... •• •••• Ol0 -RIO-L-! (£)NWl o a £107 >107 o ° ... .... . . .... . N b .a:. :.r•.,.. .:..:.•.•.:.:....,.:....,. .......:.. ....., O'OZ9 OOA£:OS •.'� ',:..a3nva .. •.• ...;., . 9£L8C.... . ...,. ., .,:,,.:,9E''tL[..,:. .:,.. .•.:.;:.•,..,.•':9��LYa:: '•.. ;1Zg=L[_Z:'�,•::a:•:.:.;.::•i w a oI J a•; N�o o �� �� 4:. t zZ o o r o 00 o aQ^ o �o r v z co co rap co cD rap m o W m �' � ovWim m 0J0 in m 00 m 3s Q N N N N N ° I O -J O 4 N N V O 4 2 O Z N ^v(O I 1h 'LL o R ZD 92'L8L 00,02.09E 92'LL[ 00,0£AS£ 9£ ap" l, . . . 13 oO rn O ' N O', a W �Y a a0¢ N pry N g2i O0Z z L O DO CD(nW � rM �o rM I� O N M O O O N W O o za O Ew V10. ,9£•ZOZ ,92•LOZ ,9£76l ••••Z6•LLZ ,00.0Z8 „00,02.092 4 0 �NK6a hljW OM� OR4W aN YU Y2Q icon a� N zr R E w 82 C. Kimo Alameda, Ph.D. o+tY of h!!y o. y, Jeffrey W. Darrow Mayor ��,I,i1„ Director William V. Brilhante,Jr. �• �} Michelle S.Ahn Managing Director — Deputy Director p Y t,TE OF HI.'Nr West Hawaii Office East Hawaii Office 74-5044 Ane Keohokalole Hwy - 101 Pauahi Street,Suite 3 Kailua-Kona,Hawaii 96740 County of Hawaii Hilo, Hawaii 96720 Phone(808)323-4770 Phone(808)961-8288 Fax(808)327-3563 PLANNING DEPARTMENT Fax(808)961-8742 May 14, 2026 Malcolm R. Saxby Puna Certified Nursery Dear Malcolm Saxby: SUBJECT: Application: SUBDIVISION VARIANCE I PL-SVAR-2026-000080 Applicant: TURPIN, SHANE D. Owner: TURPIN, SHANE D. Request: Variance from Chapter 23, Subdivisions, Article 6, Division 2, Improvements Required, Section 23-84, Water Supply; Variance from Hawaii County Code, Chapter 23, Subdivision, Article 3, Design Standards, Division 4, Street Design, Section 23-41, Minimum Right-of-way and Pavement Widths. Tax Map Key: (3) 1-7-023:016 (PL-SUB-2025-000357) The objection e-mail and comments received on April 2, 2025, regarding variance application PL-SVAR-2026-000080, have been carefully considered and incorporated into the variance background and variance file. The enclosed copy of PL-SVAR-2026-000080 approval letter, including the variance background, findings, decision, and list of variance conditions is for your files. In accordance with Chapter 25, Zoning, Article 2, Administration and Enforcement, Division 5, Section 25-2-58, Appeals, you or other signatories may appeal the director's decision and request the following: (a) Any person aggrieved by the decision of the director in the administration or application of this Chapter may, within thirty days after the date of the director's written decision, appeal the decision to the Board of Appeals. (b) A person is aggrieved by a decision of the director if: (1) The person has an interest in the subject matter of the decision that is so directly and immediately affected, that the person's interest is clearly distinguishable from that of the general public; and 83 www.plannina.hawaiicounty.aov Hawaii County is an Equal Opportunity Provider and Employer plan ni ng(EDhawaiicounty.gov Malcolm R. Saxby Puna Certified Nursery PL-SVAR-2026-000080 Response to Objection Letter May 14, 2026 Page 2 (2) The person is or will be adversely affected by the decision. (c) An appeal shall be submitted electronically in the format prescribed by the Board of Appeals and shall specify the person's interest in the subject matter of the appeal and the grounds of the appeal. A filing fee of $250 shall accompany any such appeal. The person appealing a decision of the director shall provide a copy of the appeal to the director and to the owner of the affected property and shall provide the Board of Appeals with proof of service. (d) The appellant, the owners of the affected property, and the director shall be parties in an appeal. Other persons may be admitted as parties to an appeal. Other persons may be admitted as parties to an appeal, as permitted by the Board of Appeals. The Board of Appeals may affirm the decision of the director, reverse, or modify the decision, or it may remand the decision with appropriate instructions if based upon the preponderance of evidence the board finds that: 1. The director erred in its decision; or 2. The decision violated this chapter or other applicable law; or 3. The decision was arbitrary or capricious or characterized by an abuse of discretion or clearly unwarranted exercise of discretion. For your convenience, we have provided the website address for Hawaii County's EPIC System (Electronic Processing and Information Center) for electronic filing of applications. County of Hawaii EPIC System (Electronic Processing and Information Center Should you have any questions on the variance decision or the appeal procedure, please feel free to contact our Hilo office at (808) 961-8288, or via email at plan ning(a-)hawaiicounty.gov. Sincerely, �7effre W. Dayrow Jeffrey W. Darrow(May 19, 2026 05:01:01 HST) JEFFREY W. DARROW Planning Director HS:cn \\COH10V.hawaiicounty.gov\depts\PL\PL\planning\public\Admin Permits Division\Variance\2026\PL-SVAR-2026-000080-Turpin(road-water)\PL- SVAR-2026-000080 Turpin OBJECT Saxby-PunaCertNursery 05-14-26.docx Encl: PL-SVAR-2026-000080 Approval Letter 84 C. Kimo Alameda, Ph.D. o+tY of h!!y o. y, Jeffrey W. Darrow Mayor ��,I,i1„ Director William V. Brilhante,Jr. �• �} Michelle S.Ahn Managing Director — Deputy Director p Y t,TE OF HI.'Nr West Hawaii Office East Hawaii Office 74-5044 Ane Keohokalole Hwy - 101 Pauahi Street,Suite 3 Kailua-Kona,Hawaii 96740 County of Hawaii Hilo, Hawaii 96720 Phone(808)323-4770 Phone(808)961-8288 Fax(808)327-3563 PLANNING DEPARTMENT Fax(808)961-8742 May 14, 2026 Michael D. Larish Dear Michael Larish: SUBJECT: Application: SUBDIVISION VARIANCE I PL-SVAR-2026-000080 Applicant: TURPIN, SHANE D. Owner: TURPIN, SHANE D. Request: Variance from Chapter 23, Subdivisions, Article 6, Division 2, Improvements Required, Section 23-84, Water Supply; Variance from Hawaii County Code, Chapter 23, Subdivision, Article 3, Design Standards, Division 4, Street Design, Section 23-41, Minimum Right-of-way and Pavement Widths. Tax Map Key: (3) 1-7-023:016 (PL-SUB-2025-000357) The objection comments received on April 15, 2025, regarding variance application PL- SVAR-2026-000080, have been carefully considered and incorporated into the variance background and variance file. The enclosed copy of PL-SVAR-2026-000080 approval letter, including the variance background, findings, decision, and list of variance conditions is for your files. In accordance with Chapter 25, Zoning, Article 2, Administration and Enforcement, Division 5, Section 25-2-58, Appeals, you or other signatories may appeal the director's decision and request the following: (a) Any person aggrieved by the decision of the director in the administration or application of this Chapter may, within thirty days after the date of the director's written decision, appeal the decision to the Board of Appeals. (b) A person is aggrieved by a decision of the director if: (1) The person has an interest in the subject matter of the decision that is so directly and immediately affected, that the person's interest is clearly distinguishable from that of the general public; and (2) The person is or will be adversely affected by the decision. www.planning.hawaiicounty.gov Hawaii County is an Equal Opportunity Provider and Employer plan ning(d),hawaiicounty.gov 85 Michael D. Larish PL-SVAR-2026-000080 Response to Objection Letter May 14, 2026 Page 2 (c) An appeal shall be submitted electronically in the format prescribed by the Board of Appeals and shall specify the person's interest in the subject matter of the appeal and the grounds of the appeal. A filing fee of $250 shall accompany any such appeal. The person appealing a decision of the director shall provide a copy of the appeal to the director and to the owner of the affected property and shall provide the Board of Appeals with proof of service. (d) The appellant, the owners of the affected property, and the director shall be parties in an appeal. Other persons may be admitted as parties to an appeal. Other persons may be admitted as parties to an appeal, as permitted by the Board of Appeals. The Board of Appeals may affirm the decision of the director, reverse, or modify the decision, or it may remand the decision with appropriate instructions if based upon the preponderance of evidence the board finds that: 1. The director erred in its decision; or 2. The decision violated this chapter or other applicable law; or 3. The decision was arbitrary or capricious or characterized by an abuse of discretion or clearly unwarranted exercise of discretion. For your convenience, we have provided the website address for Hawai'i County's EPIC System (Electronic Processing and Information Center) for electronic filing of applications. County of Hawaii EPIC System (Electronic Processing and Information Center Should you have any questions on the variance decision or the appeal procedure, please feel free to contact our Hilo office at (808) 961-8288, or via email at plan ning(a-)hawaiicounty.gov. Sincerely, c7eFm W. Dan-ow Jeffrey VV. Darrow(May 19,2026 05:01:01 HST) JEFFREY W. DARROW Planning Director HS:cn \\COH10V.hawaiicounty.gov\depts\PL\PL\planning\public\Admin Permits Division\Variance\2026\PL-SVAR-2026-000080-Turpin(road-water)\PL- SVAR-2026-000080 Turpin OBJECT Saxby-PunaCertNursery 05-14-26.docx Encl: PL-SVAR-2026-000080 Approval Letter 86 C. Kimo Alameda, Ph.D. o+tY of h!!y o. y, Jeffrey W. Darrow Mayor ��,I,i1„ Director William V. Brilhante,Jr. �• �} Michelle S.Ahn Managing Director — Deputy Director p Y t,TE OF HI.'Nr West Hawaii Office East Hawaii Office 74-5044 Ane Keohokalole Hwy - 101 Pauahi Street,Suite 3 Kailua-Kona,Hawaii 96740 County of Hawaii Hilo, Hawaii 96720 Phone(808)323-4770 Phone(808)961-8288 Fax(808)327-3563 PLANNING DEPARTMENT Fax(808)961-8742 May 14, 2026 i r Rosenber EM Dear Gary Rosenberg: SUBJECT: Application: SUBDIVISION VARIANCE I PL-SVAR-2026-000080 Applicant: TURPIN, SHANE D. Owner: TURPIN, SHANE D. Request: Variance from Chapter 23, Subdivisions, Article 6, Division 2, Improvements Required, Section 23-84, Water Supply; Variance from Hawaii County Code, Chapter 23, Subdivision, Article 3, Design Standards, Division 4, Street Design, Section 23-41, Minimum Right-of-way and Pavement Widths. Tax Map Key: (3) 1-7-023:016 (PL-SUB-2025-000357) The objection e-mail and comments received on April 6, 2025, regarding variance application PL-SVAR-2026-000080, have been carefully considered and incorporated into the variance background and variance file. The enclosed copy of PL-SVAR-2026-000080 approval letter, including the variance background, findings, decision, and list of variance conditions is for your files. In accordance with Chapter 25, Zoning, Article 2, Administration and Enforcement, Division 5, Section 25-2-58, Appeals, you or other signatories may appeal the director's decision and request the following: (a) Any person aggrieved by the decision of the director in the administration or application of this Chapter may, within thirty days after the date of the director's written decision, appeal the decision to the Board of Appeals. (b) A person is aggrieved by a decision of the director if: (1) The person has an interest in the subject matter of the decision that is so directly and immediately affected, that the person's interest is clearly distinguishable from that of the general public; and www.planning.hawaiicounty.gov Hawaii County is an Equal Opportunity Provider and Employer plan ning(a),hawaiicounty.gov 87 Gary Rosenberg PL-SVAR-2026-000080 Response to Objection Letter May 14, 2026 Page 2 (2) The person is or will be adversely affected by the decision. (c) An appeal shall be submitted electronically in the format prescribed by the Board of Appeals and shall specify the person's interest in the subject matter of the appeal and the grounds of the appeal. A filing fee of $250 shall accompany any such appeal. The person appealing a decision of the director shall provide a copy of the appeal to the director and to the owner of the affected property and shall provide the Board of Appeals with proof of service. (d) The appellant, the owners of the affected property, and the director shall be parties in an appeal. Other persons may be admitted as parties to an appeal. Other persons may be admitted as parties to an appeal, as permitted by the Board of Appeals. The Board of Appeals may affirm the decision of the director, reverse, or modify the decision, or it may remand the decision with appropriate instructions if based upon the preponderance of evidence the board finds that: 1. The director erred in its decision; or 2. The decision violated this chapter or other applicable law; or 3. The decision was arbitrary or capricious or characterized by an abuse of discretion or clearly unwarranted exercise of discretion. For your convenience, we have provided the website address for Hawai'i County's EPIC System (Electronic Processing and Information Center) for electronic filing of applications. County of Hawaii EPIC System (Electronic Processing and Information Center Should you have any questions on the variance decision or the appeal procedure, please feel free to contact our Hilo office at (808) 961-8288, or via email at plan ning(rhawaiicounty.gov. Sincerely, (7e m W. Damw Jeffrey V . Dar ow(May 19,2026 05:01:01 HST) JEFFREY W. DARROW Planning Director HS:cn \\COH10V.hawaiicounty.gov\depts\PL\PL\planning\public\Admin Permits Division\Variance\2026\PL-SVAR-2026-000080-Turpin(road-water)\PL- SVAR-2026-000080 Turpin OBJECT Rosenberg 05-14-26.docx Encl: PL-SVAR-2026-000080 Approval Letter 88 IN THE BOARD OF APPEALS COUNTY OF HAWAI`I STATE OF HAWAI`I GARY ROSENBERG ) PL-BOA-2026-000135 Appellant, ) Appeal of Decision by the Planning Director Dated May 14, 2026, Regarding Subdivision Variance from Chapter 23, Subdivision,Article 6, vs. ) Division 2, Improvements Required, Section 23- 84, Water Supply (PL-SVAR-2026-000080) JEFFREY W. DARROW ) PLANNING DIRECTOR ) COUNTY OF HAWAI`I ) Appellee. ) CERTIFICATE OF SERVICE I HEREBY CERTIFY that a copy of the foregoing document was duly served on June 26, 2026 , to the following parties in the manner indicated below: HAND- DELIVERED U.S. MAIL E-MAIL GARY ROSENBERG ( ) ( ) (X) P.O. Box 418 Kurtistown, HI 96760 E-mail: GMrosenbergggmail.com Appellant SHANE TURPIN ( ) ( ) (X) 81 Makalika St. Hilo, HI 96720 E-mail: Lavaoceantours(2gmail.com Landowner JEAN CAMPBELL, ESQ. ( ) ( ) (X) Corporation Counsel County of Hawaii 101 Aupuni Street, Suite 325 Hilo, HI 96720 E-mail: Jeank.Campbellghawaiicounly.gov Attorney for Appellee SYLVIA WAN, ESQ. ( ) ( ) (X) Corporation Counsel County of Hawaii 101 Aupuni Street, Suite 325 Hilo, HI 96720 E-mail: SylviaA.Wanghawaiicounly.gov Attorney for Board of Appeals BOARD OF APPEALS ( ) ( ) (X) 101 Pauahi Street, Suite 3 Hilo, HI 96720 E-mail: BoardofAppeals e,hawaiicoun ov Board of Appeals DATED: Hilo, Hawaii, June 26, 2026 STEPHANIE OTA Administrative Permits Division Clerk for the Planning Department