HomeMy WebLinkAboutCOM 0632.039 2000-2002
BOBBY JEAN LEITI-LEAD-TODD ~4v,®`" Phone: (808) 961-8261
Council Member ~V~I,~; Fax: (808) 961-8912
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COUNTY COUNCIL
County of Hawai 'i
Hawaii County Building
25 Aupuni Street
Hilo, Hawaii 96720
September 9, 2002
TO: Council Members
FROM: Bobby Jean Leithead-Todd, Chair,
Committee on Planning
RE: Bi11220, Draft 3
Relating to Condominium Property Regimes
I would like to propose an amendment to Bill 220 relating to condominium property regimes that
would allow two dwelling units to be certified for compliance provided certain infrastructural
standards are met. This proposal will balance my desire to allow certain lots with two dwellings
to be CPR'd as long as water, roads and off-street parking meet the stated standards.
The amendment is as follows:
Section 23A-20. Exemptions.
(a) Notwithstanding sec. 23A-4, the director shall certify compliance with all
county laws if requested under I4.R.S. sec. 514A-40, to permit the developer to obtain an
effective date for a final public report for a condominium property regime creating 2 units
on a lot, if the project complies with applicable county requirements, except for the
minimum building site area, minimum dimensions, and the provisions of this article, and,
on or before June 19, 2001:
(1) the declaration involving the condominium property regime had been filed
with the Bureau of Conveyances, pursuant to H.R.S. section 514A-20, or
(2) a notice of intent had been filed with the real estate commission, pursuant
to I-I.R.S. section 514A-31, or
Comm, No. •
File No.
Ref. To:l~r~s~~s~~
1•..~f. Date SEP 1 I Z~~Z _
(3) fees had been committed for attorneys or surveys directly related to
creating a condominium property regime on the lot.
Documentary evidence to qualify under paragraph (3) shall be submitted to the
director within six months of the approval of this ordinance.
Under this section, the developer may also amend a declaration or notice of intent
filed on or before June 19, 2001, creating more than two units, to allow the creation
of only two units.
(b) Notwithstanding sec. 23A-4, the director shall certify compliance with all
applicable county laws under H.R.S. sec. 514A-40(b), to permit the issuance of an effective date
for a final public report creating two condominium units on a lot, if the lot contained, on June
19, 2001, two or more legal dwellings, either completed or with valid building permits, and the
project complies with applicable county requirements, except for the minimum building site
area, minimum dimensions, and the provisions of this article. The declaration establishing the
condominium property regime shall be filed with the Bureau of Conveyances no later than one
year after the effective date of this ordinance.
(c) Notwithstanding, sec. 23A-4 and sec. 23A-20(a) and (b) the director shall certify
compliance for no more than two units if the followin exist:
(1) The lot is in the Count's RS zoned district;
The lot contains at least two completed legal dwelling
(3) The lot has legal access on a state or county road having a minimum 20-foot
wide pavement or on a private road built to current county-dedicable
standards;
(4) The lot is serviced by a count~or private water system with fire hydrants; and
(5) A minimum of two off-streetparking~spaces are provided for each unit.
Thank you for your consideration.
Att.
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