2008-10-06_Chris Yuen_v_Board_of_Appeals_and_Edmund_Jin_and_Eva_Lu_-_Answering brief-Civil_No_07-1-261K

Home

r p' O regulations relating to the utilization, construction or inspection of private roof or rain catchment water systems for potable or emergency uses. The alternative to a water system proposed by the applicant`�rivate residential catchment systemg'by the individual lot owner(s) would not meet the intent and purpose of the Subdivision Code; and is not allowed pursuant to Planning Department Rule 22-Water Variance, effective February 25, 2006. Generally, Rule 22 is both a rule and statement of criteria to be used so that consistent decisions can be made on water variance requests. Section 23-84 of the Subdivision Code requires a water system, and Rule 22 limits subdivisions requesting a variance from water supply to six (6) lots, and, requires that a proposed subdivision(limited to 6 lots)requesting a variance to allow individual rainwater catchment systems for potable and emergency needs must receive a minimum 60 inches of annual rainfall for each lot served by catchment. Rule 22, states in part: `22-4 Minimum rainfall. Except as provided in Rule 22-6, all lots to be served by catchment shall [] have an average annual rainfall of not less than 60'. The annual rainfall can be proven by rainfall records at comparable rain gauges, or by the USGS rainfall map. Rule 22 allows the rainfall to be proved by either the USGS rainfall map or by rain gauge data. The analysis of the information and comparison of maps attached to the variance application and other rainfall maps and rainfall data at the Planning Department, etc. indicate that the entire subject TMK property is below the 60'isohyet line and does not receive 60 inches of rainfall annually. The elevation of the property begins at above 1280 feet and ends about 1760 feet. Although the very top of the property is near the 60'isohyet line, most of the proposed lots are much lower. In view of the applicanfs submittals, e.g. Exhibit(s) and other historical data published by the Hawaii State Climate Office (HSCO), it appears that the proposed subdivision is near active rain-gauge station 'OPMHALE 2" This rain gauge is situated approximately 1.2 miles +/- south of the TMK property near the Mamalahoa Highway. According to a 1996 U.S. Geological Survey publication, Opihihale No. 2's elevation or altitude is 1270 feet. The rain gauge data indicates that the actual rainfall at the subdivision is well under 60" Historical rainfall data published by HSCO for OPIHIHALE 2 show the mean average rainfall measured for the years 1956-2000 is 41.20 inches. ii The annual rainfall at the property and the property's boundary on Mamalahoa Highway or South Kona Belt Road is probably about 4r, Therefore, the proposed 6-lot subdivision does not receive minimum 60'annual rainfall and the applicanfs request to allow individual rainwater catchment systems for potable and emergency is not allowed or eligible pursuant to Rule 22-Water Variance which requires the proposed subdivision to receive minirnuir,60'ar mal rainfall. i 3