2008-01-14_Agency_Appeal_-_Christopher_Yuen_vs_Board_of_Appeals

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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 applicant's submittals, e.g. Exhibi(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 "OPIHIHALE 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 guageg 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. The annual rainfall at the property and the property's boundary on Mamalahoa Highway or South Kona Belt Road is probably about 41". Therefore,the proposed 6-lot subdivision does not receive minimum 60" annual rainfall and the applicant's 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 minimum 60" annual rainfall. VARIANCE DECISION In view of the above, the proposed variance would not fulfill the intent of the Subdivision Code and does not meet with all the requirements or Rule 22-Water Variance. Therefore, the applicant's variance application to allow proposed 6-lot subdivision without providing a water supply pursuant to Chapter 23, Subdivisions,Article 6, Division 2, Improvements Required, Section 23-84, Water Supply, (1)(2), or request to allow the proposed subdivision to be served by private catchment systems is denied. (ROA at 000113 —000118, 00656.) 3. The Appeal Jin and Lu appealed the Director's decision denying the Variance Application to the Board on March 14, 2007 (hereinafter "the Appeal"), seeking reversal of the Director's decision and approval of the Variance Application on the grounds that the Director's decision is arbitrary, 5