HomeMy WebLinkAboutCOM 0608.009 2000-2002
08/28/02 07:57 FAX ~ MOORE WILLIAM f~002/003
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Kalrrluki Plate
34465 Waialae Avenue, Suite 260
Honolulu, Hawaii 9~r816
l~hane (8Q8) 732-2622 • fax (808) 732-2788
August 26, 2002 REC~~v~~
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The Honorable James Y. Arakaki, Chairman 't~~"~'~16' ~I~`~.~0_~``~`-"°°"
and members of the County Council Cc~.~r~ci~
County of Hawaii
25 Aupuni Street, Room 209
Hilo, Hawaii 96720
Dear Chairman Arakaki and Council Members:
Subject: Bill. No. 213
An Ordinance Amending Chapter 23 of the Hawaii County Code 1983
(1985 edition) relating to Pre-Existing Lots.
Thank you for this opportunity to provide you with vur thoughts on Bill No. 213 relating to Pre-
Existing Lots. We have reviewed the proposed legislation and understand the concerns relating to
the recognition of abandoned. plantation camps as pre-existing lots. At the same time, we have
concerns about the narrowness of the proposed legislation as it relates to the recognition of pre-
existing lots. The Findings section of Bill 213 discusses the County's recognition of existing lots
created by sale or transfer of interest prior to the adoption of the Subdivision Code in 1944 and its
subsequent revision in 1948 regulating leases.
While the County has recognized such lots in the past and continues to do so today, both the existing
Subdivision Code as well as the proposed legislation does. not directly address these conditions. The
proposed IegisIation only deals with pre-existing lots based on leases.
It is our understanding that the draft Subdivision Code (Bill No 276) provides language dealing with
pre-existing lots. We would suggest that you consider incorporating the language in the draft
Subdivision Code to clarify what pre-existing lots are. The pre-existing lots based on leases could
then be a part of this comprehensive approach to the matter.
With respect to Section 23-121 relating to "Use of certain pre-existing lots in consolidation and
resubdivision", we disagree with the proposed language that right-of--way or anchor pole lots be
excluded for calculating the number of lots unless they are "conforming". We believe that if a lot
exists, it should be recognized. At the same time, we have no objection to restrictions on converting
a right-of--way lot to a buildable lot through the consolidation and resubdivision process. However,
there should not be any restriction about reconfiguring aright-of--way lot to another road lot or other
such non-buildable lot.
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08/28/02 07:58 FAX MOORE WILLIAM [x]003/003
Hawaii County Council
August 26, 2002
Page 2
Again, we thank you for this opportunity to provide out conunents on this proposed bill.
PALANI RANCH COMPANY, INC.
/L~~.-
rian T. Yahata
Vice President