HomeMy WebLinkAboutCOM 0632.034 2000-2002 August 27, 2002
Honorable James Y. Arakaki, Chairman :~f~~
Hawaii County Council _ gy ,__~_.,,,,..._.~n.-<,,.
25 Aupunl Street ~ ~~:f~~~.~~_.___._Pe,.-~
Hilo, Hawaii 96720 "c,~~+~+v Cour+c'~~
RE: Ordinance amending Charpter 23 of the Hawaii Code relating to Condominium
Property Regimes
Dear Chairman Arakaki and Members,
The proposed ordinance to the subdivision code relating to CPR's has inconsistences and
just doesn't make sense. Why should there be a prohibition against registration of a
property as a CPR i~there are already two legal dwellings on the property. If the County
allows the two houses to be built, why can they not be owned separately? What
difference does it make if the houses were built before June, 2001 or 5 years from now?
It doesn't change the density to register a property as a CPR; there are still two homes
there or there maybe two homes on it. There are better ways to address the concern of
"double density" and the Board of Realtors has offered many suggestions. One is to limit
the number of second dwelling permits issued to any one person.
The proposed ordinance has another confusing element. It provides that lots that are
created by CPR after the adoption of this ordinance will have legal status as legal
building sites and lots under Section 23A-18. However, 23-A-23 says this law has no
effect on lots created prior to the adoption of the ordinance. Why should there be a
difference between a few lots that were in the pipeline while this ordinance was being
drafted and debated and will therefore be created after its adoption, and those that were
created before that time. They should all be treated equally. The Tax Office recognizes
CPR lots as separate lots for tax purposes. The County is happy to collect taxes on the
properties as separate entities. Why should the Planning Department see them
differently? The laws should promote consistency in government policies, not
contradiction and confusion. I urge you to reject this ordinance in its present form and to
consider proposals to make it more sensible and fair.
Sincerely yours,
Karen B. Clarkson
P.O. Box 1396
Honokaa, HI 96727
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