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Home My WebLink AboutCOM 0471.000 2006-2008 µi~,Of k • Harry Kim Christopher J. Yuen Mayor Director ~Y.. urge :'r +rE µo ~ Brad Kurokawa, ASLA LEED®AP `j'otxrtt~ Df ~2Y~t2Ttt- - - Deputy Director PL~GAINNINIG DEPARTMENT 101 Pauahi Street, Suite 3 Hilo, Hawaii 967201{224 (808) 961-8288 • FAX (808) 961-8742 -.a O o rn 'J T n"n~r. December 3, 2007 V' . ~ i ili-1 3 l . z~ ~ Steven S.C. Lim, Esq. Carlsmith Ball LLP ~ ono P. O. Box 686 Hilo HI 96721-0686 Dear Mr. Lim: Change of Zone Ordinance No. Ol 69 (REZ 967) Applicant: Daniel Joseph ("Mike") McKenna (Previously EHP Corporation) Request: A-Sato CG-20 for Approximately 5.083 Acres of Land Subject: Response to Letter Dated September 28, 2007 Regarding Easement Tax Mau Key: 7-5-3:19 This is to acknowledge receipt of your letter dated September 28, 2007 regarding our request to negotiate in good faith with the owners of TMK: 7-4-8:001 to grant an easement over TMK: 7-5-3:19 to Henry Street, which was requested in our March 16, 2006, May 23, 2007 and June 25, 2007 letters. Your letter states that you have made efforts to comply with our request and have received no response from the owners of TMK: 7-4-008:001. We appreciate your continued efforts and request that your client continue to make efforts to work with the owners of TMK: 7-4-8:001 over the granting of the access easement over TMK: 7-5-3:19 to Henry Street. We understand that the Rutter group is no longer planning a development on the property but that another party maybe planning a similar development. The time extension has been granted and continues in force until August 24, 2011, on the conditions expressed in the March 16, 2006 letter. If the continuing obligation to negotiate makes it difficult to plan for the future use of your client's property, please let us know. Please keep us informed of any progress regarding the final outcome of the granting and purchase of the easement. Comm. No. y~ i Ref. To: _ Ref. Date DECEC 1 Hau~ai `i County is an Equal Opportunity Provider and Employer. Steven S.C. Lim, Esq. Carlsmith Ball LLP December 3, 2007 Page 2 We apologize for the delay in responding to your letter. If you have any questions, please feel $ee to contact Jeff Darrow at 961-8288, ext 259. Sincere ~ a CH STOPHER J`~` Planning Director JWD:smn P:\public\wpwin60Veff\L,etters\Time Ext\LLim-TER-REZ967-CondD(5).doc cc w/copy of letter and March 16, 2006 letter: ?Hawaii County Council Planning Commission Planning Department-Kona Rutter Development Corp. QLT f~.~~Y~.~1_~~~N ~ ~ ~~%1~~. ~.F~~~ ~ ALLMI'iLD J.IA6I W'I'Y LAW PARTNEIt51Ilt' 121' WAIANUENUE AVENUE P.O. Box 686 _ Hn.o, HAWAII 96721-0686 ~LEraonle 808.935.6644 Fnx 808.935.7975 W W W.CARLSMI'I7-I.COM JZELKO®CARLSMI'rH.COM September 28, 2007 M Mr. Christopher J. Yuen Planning Department County of Hawaii 101 Pauahi Street, Ste. 3 Hilo, Hawaii 96720 Re: Change of Zone Ordinance No. 01-69 (REZ 967) Applicant: Daniel Joseph ("Mike") McKenna (Previously EHP Corporation) Request: A-Sato CG-20 for Approximately 5.083 Acres of Land Subject: Response to Letter Dated June 25, 2007 Regarding Easement Tax Man Key: (317-5-003:019 Dear Mr. Yuen: This is written on behalf of our client Mike McKenna in response to your June 25, 2007 letter. We again request that you conftrm in writing that the Planning Department's request that McKenna negotiate in good faith over the granting of an easement in favor of Queen Lili`uokalani Trust/Rutter Development ("QLT/Rutter") is not a condition precedent nor legal condition to the granting of the time extension, and is merely a request for the courtesy by the Planning Department. This letter will also reiterate that we have thus far received no response by the owners of TMK: (3) 7-4-008:001 QLT/Rutter to my client's attempt to initiate discussions for an easement over McKenna's property. My client informs us that he has already lost one opportunity to sell this property due to the uncertainty caused by your request. 43910 HONOLULU ~ KAPOLGI ~ HILO ~ ICONA MAUI ~ GUAM ~ SAIP,IN ~ LOS ANGEL FS ~Nrr. ~ hristopher J. ~'uen ~epternber?l;, ~OL~% Page 2 Please confirm in writing your understanding of the above is correct. Sincerely, CARLSMITH BALL LLP Steve .C. im SSLany ' cc: Mike McKenna Terry Lee, Esq. 4817-7333-9905.L000SSL-00001 atY Di„ ~ Harry Kim o'~.c~ Christopher 3. Yuan Mcrvor Director Brad Kurokawa, ns~a. ~eenTM' nP ~i'It Depury Director 1TE Qi'N'i~ County of Hawaii PLANNING DEPARTMENT Aupuni Center • 101 Pauahi Street, Suite 3 • Hilo, Hawaii 96720 Phone (808)961-8268 Fax (808)961-8742 March 16, 2006 a, Steven S.C. Lim, Esq. Carlsmith Ball LLP P. O. Box 686 Hilo HI 96721-0686 Dear Mr. Lim: Change of Zone Ordinance No. Ol 69 (REZ 967) Applicant: Daniel Joseph ("Mike") McKenna (Previously EHP Corporation) Request: A-Sato CG-20 for Approximately 5.083 Acres of Land Subject: Administrative Time Extension to Comply With Condition D Tax May Kev: 7-5-3:19 This is in response to your letter dated Januazy 9, 2006 requesting an administrative extension of time in accordance with the provisions of Condition P to comply with Condition D (Complete Construction Within 5 years) of Change of Zone Ordinance No. O1 69. Condition P allows for an administrative time extension for a period not to exceed the period originally granted. According to the letter submitted, there is reasonable and sufficient justification to allow for the requested time extension. The effective date for Change of Zone Ordinance No. O1 69 is August 24, 2001. Therefore, as requested, we will grant a 5-year time extension until August 24, 2011 to comply with Condition D. This time extension is given on the condition that the owners of TMK No. 7-5-3:19, if requested by the owners of TMK No. 7-4-8:001, negotiate in good faith over the granting of an easement in favor of the RCX-zoned portion of TMK 7-4-8:001 over TMK No. 7-5-3:19 to Henry Street, provided further that (1) the easement serves a predominantly residential development, (2) the easement does not significantly interfere with the use of TMK No. 7-5-3:19, and (3) the owners are paid fair market value for any easement. iAAa 1 7 goo+t Hawaii County is an Equal Opportunity Provider and Employer Steven S.C. Lim, Fsq. March 16, 2006 Page 2 If you have any questions, please feel free to contact Jeff Darrow at 961-8288. Sincere ~ s'^~ r C CHRISTOPHER J. YU)~~1 Planning Director f CJY/JWD:SMN P:\WPWIN60UEFF\Letters\Time Ext\LLim-TER-REZ967-CondD.doc cc w/copy of letter: Hawaii County Council Planning Commission Planning Department-Kona I