HomeMy WebLinkAboutCOM 0775.000 1996-1998
Virginia Goldstein
~w ` '?4 Director
Ste /en K. Yamashiro
Mayor Russell Kokubun
Depury Director
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PLANNING DEPARTMENT
25 Aupuni street, Room 109 • Hilo.Hawdi %7204252
(808) %1.8288 • Fax (808) %1-8742
March 18, 1998
Mr. Roy A. Vitousek III
Cades Schulte Fleming & Wright
75-170 Hualalai Road
Kailua-Kona, HI 96740-1737
Dear Mr. Vitousek:
Change of Zone Ordinance No. 88 152 (REZ 604)
Applicant: Richard Treadwell
Subject: Time Extension to Condition B
TMK• 6-6-2. 3 4, 5 and 6
This is to acknowledge receipt of your letter dated February 20, 1998, withdrawing your
request for a time extension to Condition B of the above-referenced ordinance.
In reviewing your file, we find that on August 23, 1991, a two-year administrative extension
of time to Condition B of the above-referenced ordinance was granted to complete construction
of the single family dwellings on two of the lots by October 27, 1993. Condition B reads:
"B. Single family dwellings shall be constructed on two of the lots, exclusive of the
existing dwelling, within three years of the effective date of the zone change."
Condition F of the approved change of zone ordinance allows the Planning Director to grant -
an initial extension of time for performance of conditions within the permit. As noted above,
an administrative extension of time was granted on August 23, 1991. By letter dated
October 26, 1993, the applicant requested an additional extension of time of ninety (90) days
in which to complete construction of the single family dwellings. By letter dated
January 18, 1994, this department acknowledged receipt of the $100 filing fee to process the
second time extension, and noted that the applicant would be notified when the hearing date is
comn
set. Subsequently, we forwarded the request to the various agencies for review and me
but no hearing date was set. C0120. RI-
?Et. Tot 998
1tf.R ItS
Mr. Roy A. Vitousek III
Cades Schutte Fleming & Wright
Page 2
March 18, 1998
In your most recent correspondence dated February 20, 1998, you have indicated that insofar
as the homes have been completed, there is no reason to consider the request for a time
extension. Based on the foregoing, we hereby consider your request for a time extension
withdrawn. We will refund your $100 filing fee under separate cover.
With regard to Condition E of the above-referenced ordinance, it states:
"E. An annual progress report shall be submitted to the Planning Director prior to
the anniversary date of the effective date of the zone change. The report shall
address the status of the development and the compliance with the conditions of
approval. This condition shall remain in effect until all of the conditions of
approval have been complied with and the Planning Director acknowledges that
further reports are not required."
Inasmuch as all of the conditions of approval have been complied with, no further reports will
be required.
Should you have any questions regarding the above, please contact Phyllis Fujimoto or Susan
Gagorik of this office at 961-8288.
Sincerely,
IRGINIA GOLDSTEIN
Planning Director
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cc w/ltr: West Hawaii Office
„County Council
Planning Commission
Judy Kaeo - Account Clerk (w/o ltr)
BUNN DAVID SCHULNEISTER CADL., SCHUTTE FLEMING & WRIGHT LAURIE A. KURIBAYASHI MARC E. ROUSSEAU
.VIER SC:IULL MILTON M. YASUNAM
AALO E. SCEARCE SUSAN HOLLAM, ATTORNEYS AT LAW CAPHUTO P CCALIBOSO ALEIUHOw W WOOOv
HARD A HICKS WHO L OAMIO DA VRBIE A. CMEY KM.EIH G IMY
y ERH EPSEIN MUIR0 MIWA DANIEL M. DEYANEY N CMPoSTOPXERT HARRISON
RREY S P DY MARTIN E .5. MICMAEL N SHIIWMA SARAN O WANG
-RNICE L11lMAN PETER W OL90N PATRICK W. HANIFIN 1001 H. SHIN
]HOLAS C. DREMw 3 AIR J. MARTIN KAILUA-KONA. HAWAII OFFICE THEODORE D. C. YOIINO KENT rWDE100N
,RN A. MKLETT RHONDA L GRISWOLD MITCHELL C. 300N CHARLES K. Plgl
".,I . LEAS ONL M. TMIASMPIO - DEAN T YAMAMOTO JULIA C. G PEARSON
MD C. LARSEN GRACE NINE MOO SURE 6-303 ALAN K. MYDE EDAU. SUN
.RMT TAKUMI OONAAY L LEON. HUALALAI CENTER KELLYG. LA POR1E LYNN M NWASHI
L11AM A. CAPOWELl DAVID F E. BANKS 73-170 HUAI ALAI ROAD JOMNNEL L NAKAMUM KIMBERLY O-NOLL JACIUWN
MICHAEL HARE DENNIS J OMIOMAN
_MARO P. CLIFTON PATWCIA J. MCMENRY KAILUA-KONA. HAWAII 96790-1907
X A. N USEII 111 K. JAMES SEINER. JR. OF COUNSEL: C FREDERICK SCHU17E
130- N S CHUN ERIC N. ROOSE TELECOPIER: IBOBI 328.1173 J. RUSSELL CAOCS IID21-IDBBI
,RRYL H W JOMNSTON JEFFREY D. WATTS /.M L. PLEO
(WAT MES M. ASMPORD TELEPHONE: IBOBI 329-35I1 WILLIAM HAROLD MIN
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S. qRY S. MNSUSMIOE MICHELE M. W.A. JAMp S CAMPBELL
WILLIAM M.
February 20, 1998
WRITER'S OIREC! pAL NIIMBw'
Department of Planning
County of Hawaii_
25 Aupuni Street
Hilo, Hawaii 96720
ATTENTION: Phyllis
This office represents the Treadwell and Hosbein
families with respect to their properties at Wailea Bay, South
Kohala, Hawaii. These properties are identified as n-Ms (3) 6-6-
2: 5 (Hosbe.in) and 4 (Treadwell).
On October 26, 1993, both families applied for a second
extension of Condition B of Change of Zone 88-152. This matter
was apparently referred to the County Council but no hearing was
ever held. The Treadwell home was completed in December, 1993,
and the Hosbe n home was completed in May, 1994. Consequently,
the homes are completed and occupied and an extension is no longer
required.
As you suggested in our telephone conversation, the
Treadwells and Hosbeins hereby withdraw their requests for
extension. There is no reason for the Council to consider the
request insofar as construction is complete.
As always, if you have any questions or require
additional information please call me at 329-5811.
Vee--y truly yours,
VVr_ _
Rov A. Vitousek III
for
CADES SCHUTTE FLEMING & WRIGHT
RAV/bah
cc: Hosbeins/ Treadwells
HONOLULU. HAWAII OFFICE • PO BO% D3D. 1000 BISHOP STREET. HONOLULU. HI 9BBOB-0030 TELECOPIER (BOB) 331.9738 TELEPHONE IBOBI 321-9200