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HomeMy WebLinkAboutCOM 0041.002 2004-2006 FROM FAX N0. :3267609 Jan. 13 2005 03:S1PM P1 1~~BTII ~I~JIIo~I« Klaus D: .B., M;S. t ~ . ,7anuary 13, 2005 Hawaii Co my Council West Hawaii Office Please fo and the attached 4 pages to Ms. 'Virginia Isbell. Mahalo, Klaus D. Onvent2 Comm. Na .2. Ref. To: ' Ref. Uate ~~~i I I Post Office Box ~t308 • K.ailua-Kona, Hawaii 96745-2308 • Phnne (808) 329AS98 ~ Fax (808) 326]609 I FROM FRX N0. :3267699 San. 13 2095 93: 52PM P2 I~3~l~F~I~II ~~~II~`IC~ Klsus D. .B., 141.3. R t January 1 , 2005 Hawaii Co my Council 25 Aupuni Street Hilo, Haw ii 96720 Attention Councilman Donald Ikeda Subject: grant of Wall Easement for Kona Industries ~enaing County Council Resplution No, 26-04 (Corporation Covnsel WRK Request 04-8789) ICouneil Hearing Date of January?21, 2005 Dear Mr. Ikeda; i In refer~nce to Corporation Counsel request of January..t?, 2005, I herebyisubmit the answers to questions raised by Councilwoman virginialISbeE~:.` 1. The ~RM wail must have been built before end of August 1989. The eason is that the two industrial buildings on the pro- pert received foundation inspections on October 5, 1989 for . Huil ing A with Building Permit 896?14, and on October 9, 1989 for Building B with Building Permit 896215. The RM-Retaining Wall were built under Building Permit No. 8855 6 and is entered into the county records as final on Febr ary 5, 1997. I requested additional information from couny inspector Rodney Crusat, who reviewed the file and foun no other information_ This is not unusual as undersig- ned ound the same situation in other eases., May X please draw your attention to the enclosed setback sur- vey ap KKM-Surveys, dated February 24, 2004. This map show& that the southerly Building 'A' is right on the 15.00 ft, set- backlline, while the staircase leading to the second door is well into the setback. The situation for the northerly Building '8',~also not as graphic in the majpr footprint, is clearly withstaircase and patio projecting into the setback as well. In o her words the Southwest corner of Building 'A' is less than 5.0 0 6.0 feet from the upper rockwall (see photo Cons dering_also,the heights of the retaining wall being 15-17 feetiaboVe street level, there would have been no possible way to by~ild the two buildings on top, unless the retaining walls werelcompleted before the work on the buildings' foundations and lab could have been commenced. i Post Office Boxy 2308 • Kailua-Kona, T-Tawaii 96745-2308 • Phone (SOS) 329-0898 • Fax (808) 326-7609 FROM FAX N0. :3267609 Jan. 13 2005 03:53PM P3 Hawaii ounty Council January 13, 2005 Re: Kon In'dixstries (Res. No. 26-04) 1~AIU~If~ I~3 Cf.°®~Y~BTIf.°I1°IIf~I(It°r As a r west for information to the Department of Consumer Affairs with subsequent information by the.HOnoiulu, Research Centex redealed Feleti Latuhoi dba Fred's Contracting,was the bu'lder of the wall and is deceased (.too'date available, howeve the contractor's license forfeiture is on record as of Jun 30, 1996). 2. I agre with Councilwoman Isbell that it is certainly a good idea t have a land surveyor doublecheck.the cornsrb of the proper y, but it is typically not common'practzce in Hawaii. The la t surveyor hired for the property Nobochika Santo of Island Survey in Hilo, who is also deceased: However, his work was li ited to subdivision establishment, which is on the county's docket under SO'H 1983-0169 and final Subdivision No. 5093. tats of Hawaii File Plan 1806 was recorded May 3D, 1984. There s no question in my mind that the approx. 30" high wall at .the Southwest corner was caused by the application of the wrong adius, while the 2,4 inches bulge along )(analani Street was li sly caused by pressure of liquid concrete on the rocks. This m ans that the strings along the walls being set were pro- jectin into the public right-of-way, and due to the miniscule nature of the bulge, and the 1$0 ft. total length of the wall, could of easily have been observed. Undersigned is a trained former mason and has indeed dealt with such problems before. Howeve no malice and intent could be substantiated by under- signed during site inspections. Res~pe/c ly s bmitted, Klaus Conventz Planni g Consultant faxed s requested to: councilman Donald Ikeda 961-8912 Councilwoman Virginia Isbell 326-5697 Corporation Counsel att. Diana Noda 961-8622 Alan Tuhy, esq. 329-5788 Post Office Box 308 • Kailu&-Kona, Hawafi 96745-2308 • Phone (808) 329-0898 • Fsx (808) 326-7609 FRX N0. :3267609 Jan. 13 2005 03:58PM P4 1~3ZyI+15 IrvV Iv ~.~~eu ~ mw.n° i,rrtK y. ~ e .w cc~ • IY°II 1.5 OvP e+v` { t a a alb X°M h ~ ~ t. 4 ? e~` tin,' !aynMl Pgmt°M ? • i~! . ~ •A r.O .LSO IPM 1 '~I~~~~'~.'```'''~~~~I ~Ur . s I Y~+ J^.I W S a z . ~ ~ ~ B ~ 'L§9 a7 / ~ ~'39 ~ - o ~ 3 ti: - ~ ~ m II°M .4 .,'r ~.,8 ~ S ~'f , m ; y P1 sd F~ ~ - ~ Q of( t t a' vw . s•Yn mm~ Pw""^' R5 ° n Imil. P°wn..° rq . o ~ ~ ~ OLOWALU StREEt B 6~ ~ m [Qx1 m 4 C J ~ ~ ~ ~ 1L 11 ~ jy~VVV Z p U 12 ~ 4 Q$ x ~ ~ f ~ tcL sR Jiy~ ~ ~ m ~ eE ~f ~ : s~ i ~r`p~~ - }}}baaP ~ N9^ S'~ 3 s ~ m D w v!P v ~ ~ e 9 ,d ~ m 4 AAJ n EE Q O ~ 4 H it FRX NO. :3267689 Jan. 13 2005 03: 58PM PS ~J ~ ~,.4'.. b ~ f'~... l ~ ,~4 i J. f tj~ , " r y rtD' ~ !I 1~ _ _JN ' ~ _ 1`` 4 _ 1.~ }Y 1 .N~. s„ „Ix Y„ 9x Gb~ I'; j j lefe¢d i~~ /~®/~T~(,(~~/I ~i~^ ErL ~G.D(r ~