HomeMy WebLinkAboutREP PC 081 04/16/2002 2000-2002 REPORT OF THE
COMMITTEE ON PLANNING
DATE: April 16, 2002 RE: C-579 /Bill No. 204
PLACE: Councilroom
TIME: 9:10 a.m.
Chair and Members
Hawaii County Council
Hilo, Hawaii 96720
Your Committee on Planning, to which was referred Bill No. 204, by Mayor Harry Kim, per
Communication No. 579, dated March 22, 2002, regarding the amendment to Chapter 25, the
zoning code, by the Planning Director, reports as follows:
Bill No. 204 amends Chapter 25 (Zoning Code) of the Hawaii County Code by adding a new
definition, "De minimis structure position discrepancy", which means a difference between the
distance from a property boundary required by the Zoning Code for a yard or open space and the
actual distance, of not more than the following:
(a) For property zoned Multiple-Family Residential (RM), Residential-Commercial
Mixed Use (RCX), Resort-Hotel (V), Neighborhood Commercial (CN), General
Commercial (CG), Village Commercial (CV}, Industrial-Commercial Mixed
(MCX), Limited Industrial (ML), General Industrial (MG), Downtown Hilo
Commercial (CDH), or within a Planned Unit Development (PUD), Cluster Plan
Development(CPD), or Project District (PD): 0.25 feet;
(b) For property zoned Single-Family Residential (RS) or Double-Family Residential
(RD): 0.5 feet;
(c) For property zoned Residential and Agricultural (RA), Family Agricultural (FA),
Agricultural (A), Intensive Agricultural (IA), or Agricultural Project District
(APD): 0.75 feet.
The Planning Director is requesting these amendments to be in concert with the Hawaii Revised
Statutes, Act 185, which clarifies the existing law on real property encroachments. The purpose
of the "Act is to adopt cost-effident, time-saving methods to resolve relatively minor structure
position discrepancies, including those situated on industrial property, and without regard to the
date at which such discrepancies arise."
When homes are surveyed, homeowners are finding that their structure has been inadvertently
located a small distance into a required yard or open space. Normally, the homeowner would
apply for a variance to clear the encroachment. But now, if the director accepts the application
for recognition of de minimis structure position discrepancy, the director shall notify the
applicant in writing that the discrepancy is not a violation of the zoning code and that it may
remain in place without a variance.
Your Committee did not entertain any discussion on this measure.
PC-81
PC-81 - 2 - April 16, 2002
Your Committee concurs with the Planning Commission and the Planning Director for
recommending a favorable consideration for the amendment to the Zoning Code.
Your Committee on Planning is in accord with the intent and purpose of Bill No. 204, and
recommends it pass first reading.
AYES NOES A & E EX
LEITNEAD-TODD X Respectfully submitted,
ARAKAK[ X X COMMITTEE ON~LAN~G
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ELARIONOFF X ~ ~
JACOBSON X `BODY JEAN LEITHEAD-TODD, CHAIR
PISICCHIO x g 1
SAFARIK X PC REPORT NO:
YAGONG X ADOPTED: I~AY O 17,.02