HomeMy WebLinkAboutCOM 0465.015 2006-2008 ROUP
REAL ESTATE INVESTb1ENT CAPITAL
August 20, 2007
Council Chair Peter Hoffman
Hawaii County Council
25 Aupuni Street
Hilo, HI 96720
RE: Bill 112
Dear Chairman Hoffman:
We are writing to you as a landowner of several properties in North Kona regarding our
concerns with Bill 112. WE RESPECTFULLY OBJECT TO BILL 112, AND
REQUEST THAT THE COUNCIL VOTE AGAINST PASSING BILL 112. While The
Council should be commended for your efforts to address a serious social issue such as
affordable housing, the proposed Bill is unconstitutional, and may actually pose a threat
to the integrity of the County's current policies on affordable housing.
Our objection to Bill 112 is based on the following:
1. There is no clear or rational nexus for imposing affordable housing exactions on
properties with zoning without specific affordable housing requirements.
2. Property owners with existing zoning that have obtained discretionary permits
have vested property rights. Imposing affordable housing requirements to
appropriately-zoned projects that are already underway is illegal under the U.S.
Constitution's Fifth Amendment as interpreted by the U.S. Supreme Court.
We appreciate the opportunity to comment on Bill 112, and appreciate your consideration
of our comments.
Respectfully,
~j_...,
Brian G. Rupp
The Shopoff Group [[jj~~
Comm. No., T~~• ~Jr
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