HomeMy WebLinkAboutRES 176 Draft 02 1994-1996~®111V°TY ®~ 1~~1~ `~~T ~ h1eAWAII
RESOLUTION N0. ~ ~'
(DP,AFT 2 )
WHEREAS, the project known as the Crazy Horse Development,
situated in North Kona, TMK: 7-3-08 parcels 67, 113 through 121 is
currently under the scrutiny of the Hawaii County Council, the
Departments of Planning, Public Works and the Corporation Counsel
for possible violations of the Hawaii County Code; and
WHEREAS, Ron Brown dba World Square, on May 25, 1990,
submitted a sworn and notarized affidavit to the Planning
Department that he had notified, in writing, by mail the 24 owners
of the adjoining properties for his road variance application; and
WHEREAS, of the 24 different owners listed, a check by the
attorney for the area homeowners, evidenced that only one person
had received such notice; and
WHEREAS, this raises a serious question as to the affidavit's
legality and the issuance of the variance and subdivision approval
which may be deemed to be null and void; and
WHEREAS, World Square Limited Partnership was involuntarily
dissolved by the State of Hawaii on December 31, 1990; and
WHEREAS, applications for ohana dwelling permits were
purportedly submitted by World Square, with Ron Brown signing as a
general partner, at a time after which that partnership had been
dissolved by the State; and
WHEREAS, Ron Brown, signing as a General Partner for World
Square on August 12, 1992, obtained building permits, at a time
after that partnership had been dissolved; and
WHEREAS, applications for ohana dwelling permits were
purportedly submitted by World Square, with Ron Brown signing as a
general partner, at a time after which that partnership had been
dissolved by the State; and
WHEREAS, Ron Brown, signing as a General Partner for World
Square on August 12, 1992, obtained building permits, at a time
after that partnership had been dissolved; and
WHEREAS, on November 18, 1993, it was reported to the County
that violations of County Law, i.e., the Uniform Building Code
(UBC) as adopted by the County were present in the design and
construction of the project referred to as Crazy Horse, the
buildings located on the above mentioned TMK lot numbers; and
WHEREAS, an examination of the plans for the dwellings by an
independent Hawaii licensed engineer, evidenced the probability of
serious design UBC violations; and
WHEREAS, such violations were brought to the attention of the
County Building Department, the Chief Engineer, the Office of the
Mayor and the County Council; and
WHEREAS, no actions have been taken to halt probable ongoing
violations, and in view of the probability that a variance was
illegally obtained, thus making the resulting subdivision
approval, ohana permits and building permits illegal.
- 2 -
NOW THEREFORE BE IT RESOLVED that it is the order of the
County of Hawaii, County Council under Hawaii County Code, Section
25-15, that the Corporation Counsel investigate the allegations of
this resolution and if confirmed, they shall commence action or
proceedings to void the variance, subdivision approval, and ohana
permits.
Dated: Hilo, Hawaii, this ~ r~. d _ day of ~bri,ary 1994.
COUId°I°Y COUNCIL ROLL CALF V01~
Comity of Hawaii
Milo, Hawaii
~..
COUNTY
CHAIRMAN & PRESIDING OFFICER
RE~IITI'ION Im1p. ~~ (Draft 2 )
I herby certify that the fooin~ RED®LUZ°I®N was by
the v®te ixidacat~ to the right hereof adopted by the C®UNCIL
of the C®eanty of Hawaii on F~ b r u a rv 2 3, 19 9 4 ,