HomeMy WebLinkAboutCOM 0716.000 2002-2004 J/.~y
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Hatry Kim ~ ~ Christopher J. Yuen
Mayor
Dirrnor
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Roy R Takemoto
Deputy Director
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PLANNING BEPARTMENT
101 Pauahi Street, Suite 3 Hilo, Hawaii 96720-3043
(805)961-8288 Fax(808)961-8742
July 30, 2004
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Mr. Thomas E. Heers, President
The Trees of Kukuihaele
P.O. Box 5133
Honokaa, HI 96727 "e
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Dear Mr. Heers:
Change of Zone Ordinance No. 01-022 (REZ 960)
Applicant: Trees of Kukuihaele, LLC
Subject: Time Extension Request
Tax Man Key' 4-8-006:003 013 & 044
Thank you for the response letter dated July 27, 2004 requesting a time extension for
Condition Q of Change of Zone Ordinance No. Ol 22 (REZ 960).
Condition Q states:
"As represented by the applicant and in Change of Zone Ordinance No. 94-63, lands
behind the Tiger Camp (TMK: 4-8-06: Portions of 44), shall be consolidated and
resubdivided and deeded to the respective lot owners with two (2) years from the
effective date of this ordinance. This requirement shall be credited against Condition N."
The effective date of Change of Zone Ordinance No. O1 22 (REZ 960) is March 6, 2001.
The two year period ended on March 6, 2003.
An administrative time extension maybe granted for a period not to exceed the period
originally granted (2 years), but it must meet with the following circumstances listed
under Condition W:
Comm. No.~
Ref. To: ~
Ref. Late A~,y:.3i.---~-~-
Mr. Thomas E. Heers, President
The Trees of Kukuihaele
Page 2
July 30, 2004
(1) The non-performance is the result of conditions that could not have been
foreseen or are beyond the control of the applicant, successors or assigns,
and that is not the result of their fault or negligence.
(2) Granting of the time extension would not be contrary to the General Plan
or Zoning Code.
(3) Granting of the time extension would not be contrary to the original
reasons for the granting of the change of zone.
Please resubmit your request along with the reason(s) For the time extension and how it
relates to the above listed criteria. If a time extension is granted, the time limit will be
until March 6, 2005. An additional extension of time can be applied for, but will need to
be brought before the Planning Commission and the Hawaii County Council for their
approval. If you have any questions, please feel free to contact Jeff Darrow at 961-8288.
Sincerely,
NCH TOPHERJ.YUEN
P1 ing Director
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P:\WPWIN60\JEFF\Letters\Time Ext\LHeers-TER-REZ960-CondQ.doc
cc w/copy of letter: Hawaii County Council
Planning Commission
TREES OF KUKUIHAELE, LLC
`i~'I ~i;li- ?~l P(rl 1 0~3 July z7,2ooa
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County of f[a~aii ~ '
Planning Department
101 Pauahi Street, Suitc 3
Hilo, Hawau 96720-8742
Dear Christopher J. Yuen:
Change of zone ordinance no. 01-22 (REZ 960)
Applicant: Trees of Kukuihaele, LLC
Subject: Condition Q on change of zoning ordinance NO. O1-22 (REZ 960)
Tax Map Key: 4-8-006:003, 013, 044 (Has since been subdivided and reconsolidated to 4-8-006:13, 69, 44)
'thank you, For meeting with Ric Rocket and me about a month ago. During our meeting I mentioned
that I had not completed the condition Q in our change of zone. You said I could request an extension for
two years on that condition, which I am now doing. Please accept this letter as a request to extend condition
Q For two additional years.
Sincerely,
Thomas E. Heers
President
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P.O. ROX 5131 nONOKA A,IIAW All 96727
VIION H' BOB-775-944R FAX: aus-775-1 B7J