2008-01-14_Agency_Appeal_-_Christopher_Yuen_vs_Board_of_Appeals

Home

Property runs from Mamalahoa Highway mauka to approximately 1760' elevation. (ROA at 00654.) The Property is in the State agricultural district and is zoned agricultural, A-5a, by the County of Hawaii. (ROA at 00654.) The County of Hawaii General Plan designation for the Property is "ial" (important agricultural lands). (ROA at 00654.) The Property is located outside the service limits of the existing County of Hawaii Department of Water Supply water system facilities. (ROA at 00110, 00654.) The Planning Department is not aware of any plans for the Department of Water Supply to extend County water service to the Property. (ROA at 00654.) Jin and Lu purchased the Property from Theodore Knowles in late September 2006. (ROA at 00654.) Jin and Lu were aware at the time they purchased the Property that the Property was outside the service limits of the existing County of Hawaii Department of Water Supply water system facilities. (ROA at 00654.) Before Jin and Lu purchased the Property, Theodore Knowles, through Chrystal T. Yamasaki, LPLS, of Wes Thomas Associates, had submitted an Application for Subdivision Approval (SUB 06-000409) and preliminary plat map to the Planning Department. (ROA at 00654.) By letter dated October 26, 2006,the Planning Department informed Ms. Yamasaki that the proposed subdivision was not within the service limits of the Department of Water Supply's existing water system facilities and that a variance from Article 6, Division 2, Section 23-84 of Chapter 23 (Subdivision) of the Hawaii County Code must be applied for and secured from the Planning Department. (ROA at 00062, 00655.) The Planning Department further informed Ms. Yamasaki that the filing for the variance does not indicate a tacit approval of the request. (ROA at 00062.) In addition, the Planning Department enclosed a copy of Rule 22 of the Planning Department Rules of Practice and Procedure,which requires in part that lots to be 2