HomeMy WebLinkAboutCOM 0193.005 2002-2004 J~SY OF ry,4
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Harry Kim
May,,, Christopher J. Yuen
'03 SEP SR°}~~,T~'`'t°
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PLANNING DEPARTMENT COUNTY : r~i~~~ipp
101 Pauahi Street, Suite 3 Hilo, Hawoii 96720-3043
(808) 961-8288 ~ Fax (808) 961-8742
August 28, 2003
Mr. William V. Brilhante
1342 Kilauea Avenue
Hi]o, HI 96720
Dear Mr. Brilhante:
Change of Zone Ordinance 03 82 (REZ 101 I)
Applicant: William V. Brilhante
Change ofZone Ordinance 03 83 (REZ ]Ol2)
Applicant: First Hawaiian Bank, Trustee of the William V. Brilhante
Self-Directed IRA
Request: Time Extension to Comply with Condition B
"1'ax Mao Keys: 2-2-024: 012 & 2-2-035: 061
Thank you for yotu- letter dated August 2Q 2003 requesting for a time extension to
comply with the requirements of Condition B of the above listed ordinances. Condition
6 of Change of Ordinance 03 82 (RE7, 1011) states:
`°fhe required water commitment payment shall be submitted to the Department
of Water Supply in accordance with its "Water Commitment Guidelines Policy"
within ninety (90) days from the effective date of this ordinance. Prior to this
payment, water calculations with anticipated maximum daily water usage as
recommended by a registered engineer shall be submitted to the Department of
Water Supply."
Condition B of Change o]' Ordinance 03 83 (REZ 1012) states:
"The applicant shall submit daily water usage calculations and the required water
commitment payment to the Department of Water Supply in accordance with its
"Water Commitment Policy" within 90 days from the effective date of this
ordinance"
Comm. No. ' ~y~.
Ref. To: '
Ref. Dat~_J
Mr. William V. Biilhante
Page 2
August 28, 2003
The effective date for both ordinauces is June 5, 2003. Condition B for both ordinances
states that the requirements must be met within Winery (90) days, which would be
September 5, 2003.
Both ordinances allow for an initial time extension for the performance of conditions for
a period not to exceed the period originally granted for the condition. We find that the
non-performance is the result oCconditions that cordd not have been foreseen and are
beyond the control of the applicant and, thereby, grant a ninety (90) day time extension to
December 5, 2003 to submit the daily water usage calculations and the required water
commitment payment for Condition B of both ordinances.
If you have any questions, please feel fret to contact Jeff Darrow at 961-8288.
Sincerely,
CHRISTOPHER J.jY Jt:N
Planning Director
JWD:pak
P:AWPW(N60VEFF\Letters\Time Ext\LBrilhante-TBR-REZ1011,2.doc
cc w/copy of letter: Hawaii County Council
Planning Commission
WILLIAM V. BR~~~Ia1~
1342 Kilauea Avenue 7 ~ ~
Hilo HI 96720
(808) 935-112~1~_- - _ ~ ~ ~i I
Mr. Christopher J. Yuen August 20, 2003
Planning Director
Planning Department
101 Pauahi St., Suite 3
Hilo H196720-3043
Re: Change of Zone Applie~i[ion (RE U2-025)
Applicant: William V. Brilhv~te
Request: ML-20 to MCX-20
Tax Map Key: 2-2-35:61
Change of Zone Application (RE 02-024)
Applicant: First Hawaiian Bank, Trustee of the William V. Brilhante
Self-Directed IRA
Request: RS-U) to CG ~0
Tax Map Key: 3-2-24-12
As a condition of our rezoning we are required to complete a water usage 1
study within 90 days. Our time limit is September 5, 2003. I have a ~
preliminary engineering study completed, however we are still working on the
size of the building with the various agencies. Until we finalize the size of the
buildings, the calculations I currently have will need to be finalized.
I am hereby requesting an extension to provide the Department of Plater ~ ~
Supply with the anticipated daily water usage. ~
i
I humbly ask for your support is allowing me an additional 45 days to
complete my submission to the Water Department. Thank you. ~ i'
Sincerely,
J--''
yam.
~ ~
William V. Brilhante