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2026-06-26 PL-BOA-2026-000135 Completed Record on Appeal (G. Rosenberg vs Planning Director)
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PL-BOA-2026-000135 Gary Rosenberg (PD)
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2026-06-26 PL-BOA-2026-000135 Completed Record on Appeal (G. Rosenberg vs Planning Director)
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6/26/2026 1:46:42 PM
Creation date
6/26/2026 1:45:08 PM
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Plan Doc Template
Document Date
6/26/2026
Related Permits
PL-SVAR-2026-000080
Permit Number
PL-BOA-2026-000135
Parcel Number
170230160000
Description
Completed ROA
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Justification and Hardship <br /> Unavailability of County Water — After consultation with the Hawaii County Department of <br /> Water Supply, no additional water commitments or meters are currently available for this <br /> property or area. This creates an undue hardship, as strict compliance would prevent <br /> reasonable subdivision and development of the land for its zoned purpose. (Recent inquiries <br /> and the DWS Water Availability Map confirm limited or no availability in this zone.) <br /> Adequate Rainfall and Catchment Viability —The property receives substantial annual rainfall, <br /> estimated at over 148 inches (and likely higher based on site-specific data from the Rainfall Atlas <br /> of Hawaii interactive map at https://rainfall.geography.hawaii.edu/interactive-map). With <br /> typical house roof areas of approximately 1,600 square feet, each lot could capture roughly <br /> 1,000 gallons per inch of rain, yielding over 148,000 gallons annually per lot (conservative <br /> estimate). Equipping each lot with a minimum 10,000-gallon storage tank (or larger for fire <br /> protection per County Code Chapter 26) would provide ample supply. Average household use is <br /> under 200 gallons per day (well below potential yield), making catchment a reliable and <br /> sustainable alternative. <br /> Public Health, Safety, and Welfare — Proposed catchment systems will follow University of <br /> Hawaii guidelines ("Guidelines on Rainwater Catchment Systems for Hawai'i," revised July 2020, <br /> available at https://www.ctahr.hawaii.edu/hawaiirain/guidelines.html or direct <br /> PDF: https://www.ctahr.hawaii.edu/oc/freepubs/pdf/RM-12 rev.2020-web.pdf) and Hawaii <br /> Department of Health recommendations, including first-flush diversion, screening, filtration <br /> (e.g., to <1 NTU turbidity), UV or chemical disinfection, regular maintenance, and periodic <br /> testing. This ensures potable water quality comparable to or better than many rural systems. No <br /> adverse impacts to neighbors, groundwater, or public resources are anticipated, as this aligns <br /> with common practices in high-rainfall A-1 zones. <br /> Consistency with Code Intent and Minimum Relief — The variance is the minimum necessary <br /> to allow reasonable use of the property. Catchment achieves the Subdivision Code's goal of <br /> providing reliable domestic and fire-protection water without overburdening limited county <br /> resources. <br /> Alternatives Considered — Extension of county water lines is infeasible due to distance, cost, <br /> and lack of available commitments. No other viable public source exists. <br /> I have attached the application. <br /> Tentative subdivision map and site plan. <br /> Rainfall data screenshot/printout from Rainfall Atlas of Hawaii (specific to TMK location). <br /> Preliminary catchment system design sketch or engineering notes (if available). <br /> 3 <br />
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