HomeMy WebLinkAboutCOM 0005.001 2012-2014 William P. Kenoi `p��tv or y, "o B1 Leithead Todd
Mayor • -^ �,1�<. Director•
Margaret K. Masunaga
Deputy
• OF'NA.1
West Hawaii Office East Hawaii Office
74-5044 Ane Keohokalole Hwy • • 101 Pauahi Street,Suite 3
Kailua-Kona,Hawaii 96740 County of Hawa1`1 Hilo,Hawaii 96720
Phone(808)323-4770 PLANNING DEPARTMENT Phone(808)961-8288
fax(808)327-3563 Fax(808)961-8742
December 10, 2012
Terrance J. Cisco, AIA
Dinmore&Cisco Architects, Inc.
75-167 Kalani Street, Suite 202
Kailua-Kona, HI 96740
Dear Mr. Cisco:
SUBJECT: Application: Non-Significant Zoning Change (NZC-12-000016)
Agent: DINMOORE & CISCO ARCHITECTS
Applicant: DONALD M. REDFERN, MANAGER
Land Owner: KONA SUNSET LLC
Tax Map Key: (3) 7-2-013:020 Kaupulehu,North Kona, Hawaii
The applicant proposes to adjust the zoning boundaries to align the County Zoning of
Multiple Residential — 10,000 square feet (RM-10 and Open (0) with the present State
Land Use designated Urban).
The subject parcel consists of 18,962 square feet. Proposed changes, in square feet, to
the zoning areas are as follows:
TMK: Total Area Open RM-10
7-2-026:033 18,962 sq. ft.
Area A - 454sq. ft. +454 sq. ft.
Area B - 146 sq. ft. +146 sq. ft.
Area C - 472 sq. ft. +472 sq. ft.
Area D + 78 sq. ft. - 78 sq. ft
Area E + 21 sq. ft. - 21 sq. ft
Area F + 106 sq. ft. - 106 sq. ft.
TOTAL LAND AREA 18,962 sq. ft.
NET CHANGE 4.57% - 867 sq. ft. +867 sq. ft.
With a parcel area of 18,962 square feet and the requested zoning change area of 867
square feet, the change is approximately 4.57% of the parcel.
Comm. No. S. I
Ref.To: Q f26-
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Terrance J. Cisco,A.I.A.
Dinmore&Cisco Architects
Page 2
December 10, 2012
According to Section 25-2-45 of the Zoning Code regarding Non-Significant Zoning
Changes, the Planning Director may administratively grant non-significant zoning
changes that must comply with the designations for the property set forth in the general
plan and any development plan adopted by ordinance, and must not result in an increase
or decrease in any zoning designation affecting more than five percent of the area, or one
acre, of any lot, whichever is less.
Upon review of the request, we have determined that it complies with the criteria set forth
in Section 25-2-45(2) of Chapter 25, Hawaii County Code, for determining non-
significant zoning changes:
1) The area under review is in compliance with the General Plan. The County of
Hawai`i General Plan (2005) became effective on February 9, 2005. The subject
parcel is designated as "Intensive agricultural" and "Industrial" on the Land Use
Pattern Allocation Guide (LUPAG)Map.
2) The adjustment of zoning boundaries does not result in an increase or decrease in
any zoning designation affecting more than five percent of the area, or one acre,
of the lot. The increase/decrease of 867 square feet for each zoning designation is
less than five percent of each zoned area.
Based on the above, we hereby administratively grant the requested non-significant
zoning change.
Any questions may be directed to this office in the attention of Larry Nakayama at (808)
961-8149 or lnakayama@co.hawaii.hi.us.
Sincerely,
/7,9
BJ LEITHEAD TODD
Planning Director
LHN: nci
P:\Admin Permits Division\Non Significant Zoning\2012 Requests\NZC-12-000016 Redfern\Determination.Doc
xc w/app: Hawai`i County Council
Real Property Tax Division-Hilo
Planning-GIS Section (Gilbert Bailado)
xc ltr only: Kona Sunset, LLC
Donald M. Redfern, Manager
r 1r cA'
PLANNING DEPARTMENT
County of Hawaii
October 29, 2012 74-5044 Ane Keohokable Hwy.
Kailua-Kona, HI 96740
RECEIVED OCT 2 9.2012
Ms. Bobby Jean Leithead-Todd
Planning Director
Planning Department
County of Hawaii
101 Pauahi Street, Suite 3
Hilo Hawaii 96720
Re. Application for Nonsignificant Zoning Change
Applicant: Donald M. Redfern, Manager
Kona Sunset LLC,
A Delaware Limited Liability Company
TMK (3) 7-2-013-020
Kaupulehu, North Kona, Hawaii
Dear Ms. Leithead-Todd:
The Applicant, on behalf of the Landowners, is requesting a nonsignificant change of
a zoning line running through his property.
The purpose of this request is to bring the zoning designations in line with the
existing northerly property line and trail setback, so the owner may build decks
within his buildable area. See Exhibit B Purpose of Request.
As required by the Planning Departments instructions for filing a nonsignificant
zoning change application, enclosed are an original and five copies of this letter and
the following;
1. Nonsignificant Zoning change Application
2. A portion of Agreement of Kona Sunset LLC identifying Donald M.
Redfern as the Manager (Section 1.6)
3. Exhibits:
Exhibit A - Property Description - Tax Map 7 - 2 -13 locating the
Project Property as well as identifying surrounding parcels within
300 feet from the perimeter boundary of the Project Parcel.
Exhibit B - Purpose of Request
Exhibit C - Legal Description of the Property in Map form
by Wes Thomas Associates.
Exhibit D- Calculations and description of land areas to be changed
by Wes Thomas Associates.
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(a1P) 3266 8.2 . 7887 32e-4. 15 Iii ...,. diiii;:C 'Ca::ociSCoP iawai...e!".rC:._Web:
Exhibit E - Sample notification letter, drawing and list of surrounding
neighbors.An affidavit verifying this mailing will be submitted to the
planning department within one week of the filing of this application.
Exhibit F - Certificate of clearance from the County of Hawaii Finance
Department dated Oct. 22, 2012.
Sincerely,
.l�
Terrance J. Cisco,A.I.A.
Applicant's Agent
CC.
Donald Redfern
Wes Thomas Associates
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NONSIGNIFICANT ZONING CHANGE APPLICATION
COUNTY OF HAWAII
PLANNING DEPARTMENT
APPLICANT. POig/A¢-Lh ft'. Rgtar- 1W
APPLICANTS SIGNATURE. DATE /O •-L?
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LANDOWNER
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LANDOWNER'S SIGN.
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TAX MAP ICY. 17r 7 .1.5,• ZV .6504/2)/0-Ce20,I(/)
REQUEST: OPE, RM - le TO f M - to O PFD
(Existing Zoning) Proposed Zoning)
SIZE OF AFFECTED ARE A(S): cPPFI T-O (LM-roCI,o 7Z SF) f tZti•10 -re op/A(tocs•F
(See Additional Instructions on Next Sheet)
pmpi►iroMnondoNenfun.nae(3-91J(
LIMITED LIABILITY COMPANY AGREEMENT
OF
KONA SUNSET LLC,
A DELAWARE LIMITED LIABILITY COMPANY
: ,
TABLE OF CONTENTS
Page
ARTICLE 1 THE COMPANY 1
1.1 Formation
I
1.2 Name
2
1.3 Term
2
1.4 Registered Office and Agent 2
1.5 Principal Place of Business 2
1.6 Names and Addresses of the Manager and Members 2
1.7 Primary Purpose; Powers 2
1.8 Filings
3
1.9 Title to Property 4
1.10 Payments of Individual Obligations 4
1.11 Tax Classification 4
ARTICLE 2 CAPITAL CONTRIBUTIONS; PERCENTAGE INTERESTS;
CAPITAL ACCOUNTS 5
2.1 Capital Contributions and Percentage Interest; Capital Accounts 5
2.2 Additional Capital Contributions 5
2.3 Return of Capital Contributions 5
ARTICLE 3 ALLOCATIONS 6
3.1 Profits
6
3.2 Losses 6
3.3 Special Allocations 6
3.4 Curative Allocations 9
3.5 Other Allocation Rules 9
ARTICLE 4 DISTRIBUTIONS 10
4.1 Tax Distributions 10
4.2 Discretionary Distributions 11
4.3 Limitations on Distributions 11
4.4 Distributions in Kind 11
4.5 Return of Distributions 11
ARTICLE 5 MANAGEMENT 12
5.1 Management by Manager 12
5.2 Election of Manager 12
5.3 Removal of Manager 13
5.4 Duties and Obligations of the Manager 13
5.5 Payments to Manager 14
5.6 Performance of Duties; Liability of Manager 15
5.7 Indemnification of the Manager 15
5.8 Power of Manager 16
5.9 Limitations on Power of Manager 18
5.10 Members Have No Managerial Authority 19
04V099,199-00/14
4199"10 3.09/11112
t
Page
5.11 Devotion of Time 19
5.12 Competing Activities 19
5.13 Transactions between the Company and a Manager 20
5.14 Personal Liability 20
ARTICLE 6 MEMBERS 21
6.1 Limited Liability 21
6.2 Vote or Written Consent of the Members 21
6.3 Members Are Not Agents 21
6.4 Meetings of Members 22
6.5 Withdrawals or Resignation 22
6.6 Partition 22
6.7 Transactions Between a Member and the Company 22
6.8 Other Instruments 22
6.9 Competing Activities 23
6.10 Transactions With the Company 23
6.11 Remuneration to Members 23
ARTICLE 7 ACCOUNTING RECORDS 24
7.1 Books and Records 24
7.2 Reports 25
7.3 Bank Accounts 25
7.4 Accounting Decisions and Reliance on Others 25
7.5 Tax Matters for the Company Handled by Tax Matters Member 26
ARTICLE 8 TRANSFERS 26
8.1 Restrictions on Transfers 26
8.2 Permitted Transfers 26
8.3 Conditions to Permitted Transfers 27
8.4 Prohibited Transfers 27
8.5 Rights of Unadmitted Assignees 28
8.6 Admission of Substituted Members 28
8.7 Distributions and Allocations in Respect of Transferred Interest 29
ARTICLE 9 DISSOLUTION AND WINDING UP 30
9.1 Dissolution Events 30
9.2 Winding Up 32
9.3 Allocations and Distributions During Period of Liquidation 33
9.4 Compliance With Certain Requirements of Regulations;Deficit Capital
Accounts 34
9.5 Deemed Contribution and Distribution 34
9.6 Rights of Members 34
9.7 Notice of Dissolution/Termination 35
9.8 Character of Liquidating Distributions 35
9.9 The Liquidator 35
9.10 Form of Liquidating Distributions 36
044/099999.00M
4199710 3 a09'1E'12 -il-
Page
ARTICLE 10 MISCELLANEOUS 36
10.1 Notices 36
10.2 Amendments 37
10.3 Binding Effect 37
10.4 Construction
37
10.5 Time 37
10.6 Headings 37
10.7 Severability 37
10.8 Variation of Terms 38
10.9 Governing Law 38
10.10 Sole and Absolute Discretion 38
10.11 Waiver 38
044099999400
4199730 3 st'9'1&/12 -111-
LIMITED LIABILITY COMPANY
AGREEMENT
OF
KONA SUNSET LLC,
A DELAWARE LIMITED LIABILITY COMPANY
This LIMITED LIABILITY AGREEMENT of Kona Sunset LLC, a Delaware limited
liability company, is made and entered into, and shall be effective, as of the 30th day of August,
2012, by and between Donald M. Redfern and Susan C. Redfern, Trustees of the Redfern Family
1982 Trust dated June 1, 1982, as amended and restated in its entirety on December 8, 1997;
vat., Timothy Patrick Redfern; Erin- Morgan; Patrick Michael Redfern; Sean Matthew Redfern; and
Rt?Ver+n
Shannon Santoni, as Members;and Donald M. Redfern, as the initial Manager.
Capitalized words and phrases used in this Agreement and not defined in the body hereof
have the meanings set forth in Appendix 1 attached hereto and made a part hereof.
NOW. THEREFORE, in consideration of their mutual promises, covenants and
agreements, the Members hereby promise, covenant and agree as follows:
ARTICLE 1
THE COMPANY
1.1 Formation. The Members heretofore authorized Rosemary J. White of
Rutan&Tucker, LLP to form the Company as a limited liability company under and pursuant to
the provisions of the Act, and caused the Certificate to be filed on August 30, 2012. The
Members hereby enter into this Agreement pursuant to the Act, and their rights and liabilities
shall be as provided under the Act, the Certificate and this Agreement. To the extent that the
rights or obligations of any Member differ by reason of any provision of this Agreement from
what they would be in the absence of such provision, this Agreement shall, to the extent
permitted by the Act, control.
0444099999-0061
4199730 3.09111/12
1.2 Name. The name of the Company shall be "Kona Sunset LLC" and all business
of the Company shall be conducted in such name. The Manager may change the name of the
Company upon ten (10) Business Days notice to the Members.
1.3 Term. The term of the Company commenced on the date the Certificate was
filed with the Delaware Secretary of State and shall continue until terminated as provided in this
Agreement.
1.4 Registered Office and Agent. The Company shall continuously maintain
a registered office and agent in the State of Delaware as required by the Act. The Company's
registered office in the State of Delaware shall be located at 3500 S. DuPont Highway, in the
City of Dover, County of Kent, 19901, until changed by designation of the Manager. The initial
registered agent for service of process for the Company shall be as stated on the Certificate. The
Manager may change the agent for service of process at any time.
1.5 Principal Place of Business. The principal place of business of the Company
shall be located at 20362 Windrow Drive, Lake Forest, California 92630. The Manager may
change the principal place of business of the Company to any other place within or without the
State of Delaware upon ten(10) Business Days notice to the Members.
1.6 Names and Addresses of the Manager and Members. The name and address
of the initial Manager are as follows:
Donald M. Redfern
23082 Maravilla Lane
Coto de Caza, CA 92679
The names and addresses of the current Members are set forth in Section 2.1 hereof.
1.7 Primary Purpose; Powers.
(a) The primary purpose and activity of the Company shall be to (i) seek
income and gain through the acquisition, holding and disposition of all types of real and
044099999-0084
4199730.3 109'18'12 -2-
4
personal property, and (ii) engage in any other lawful activities for which a limited
liability company may be organized under the Act and determined by the Manager to be
necessary or advisable in furtherance of the foregoing purpose.
(b) The Company has the power to do any and all acts necessary, appropriate,
proper, advisable, incidental or convenient to or in furtherance of the purpose of the
Company set forth above and has, without limitation, any and all powers that may be
exercised on behalf of the Company by the Manager as hereinafter provided.
1.8 Filings,
(a) The Manager shall take any and all actions reasonably necessary to perfect
and maintain the status of the Company as a limited liability company under the
provisions of the Act, including the preparation and filing of such amendments to the
Certificate and such other assumed name certificates, documents, instruments and
publications as may be required by law, including, without limitation, action to reflect:
(i) a change in the Company name;
(ii) a correction of false or erroneous statements in the Certificate or a
change in any statement therein in order that it shall accurately represent the
agreement among the Members; or
(iii) a change in the time for dissolution of the Company as stated in the
Certificate and in this Agreement.
(b) The Manager shall execute and cause to be filed original or amended
Certificates and shall take any and all other actions as may be reasonably necessary to
perfect and maintain the status of the Company as a limited liability company or similar
type of entity under the laws of any other jurisdictions in which the Company engages in
business.
0441099999-0004
4199730.3 x09/18/12 -3-
76, 12
1.2 Name. The name of the Company shall be "Kona Sunset LLC" and all business
of the Company shall be conducted in such name. The Manager may change the name of the
Company upon ten(10)Business Days notice to the Members.
1.3 Term. The term of the Company commenced on the date the Certificate was
filed with the Delaware Secretary of State and shall continue until terminated as provided in this
Agreement.
1.4 Registered Office and Agent. The Company shall continuously maintain
a registered office and agent in the State of Delaware as required by the Act. The Company's
registered office in the State of Delaware shall be located at 3500 S. DuPont Highway, in the
City of Dover, County of Kent, 19901, until changed by designation of the Manager. The initial
registered agent for service of process for the Company shall be as stated on the Certificate. The
Manager may change the agent for service of process at any time.
1.5 Principal Place of Business. The principal place of business of the Company
shall be located at 20362 Windrow Drive, Lake Forest, California 92630. The Manager may
change the principal place of business of the Company to any other place within or without the
State of Delaware upon ten(10)Business Days notice to the Members.
1.6 Names and Addresses of the Manager and Members. The name and address
of the initial Manager are as follows:
Donald M. Redfern
23082 Maravilla Lane
Coto de Caza, CA 92679
The names and addresses of the current Members are set forth in Section 2.1 hereof.
1.7 Primary Purpose; Powers.
(a) The primary purpose and activity of the Company shall be to (i) seek
income and gain through the acquisition, holding and disposition of all types of real and
0199730.3 209/18'12 -2-
T
personal property, and (ii) engage in any other lawful activities for which a limited
liability company may be organized under the Act and determined by the Manager to be
necessary or advisable in furtherance of the foregoing purpose.
(b) The Company has the power to do any and all acts necessary, appropriate,
proper, advisable, incidental or convenient to or in furtherance of the purpose of the
Company set forth above and has, without limitation, any and all powers that may be
exercised on behalf of the Company by the Manager as hereinafter provided.
1.8 Filini.
(a) The Manager shall take any and all actions reasonably necessary to perfect
and maintain the status of the Company as a limited liability company under the
provisions of the Act, including the preparation and filing of such amendments to the
Certificate and such other assumed name certificates, documents, instruments and
publications as may be required by law, including, without limitation,action to reflect:
(i) a change in the Company name;
(ii) a correction of false or erroneous statements in the Certificate or a
change in any statement therein in order that it shall accurately represent the
agreement among the Members; or
(iii) a change in the time for dissolution of the Company as stated in the
Certificate and in this Agreement.
(b) The Manager shall execute and cause to be filed original or amended
Certificates and shall take any and all other actions as may be reasonably necessary to
perfect and maintain the status of the Company as a limited liability company or similar
type of entity under the laws of any other jurisdictions in which the Company engages in
business.
044/099999-0064
4199730 3 209/16'12 -3-
(c) Upon the dissolution and completion of the winding up and liquidation of
the Company as hereinafter provided, the Manager shall promptly execute and cause to
be filed a Certificate of Cancellation in accordance with the Act and the laws of any other
jurisdictions in which the Manager deems such filing necessary or advisable.
1.9 Title to Property. Title to property acquired by or contributed to the Company
shall be placed in the name of the Company and shall remain in the Company's name for as long
as the Company owns the property; provided, however, that title to any such property may be
held in the name of a nominee if the Manager deems it appropriate to do so. No Member shall
have any ownership interest in property owned by the Company, and each Member's interest in
the Company shall be personal property for all purposes.
1.10 payments of Individual Obligations. The Company's credit and assets shall be
used solely for the benefit of the Company, and no asset of the Company shall be transferred or
encumbered for, or in payment of, any individual obligation of any Member.
1.11 Tax Classification. It is the intent of the Members that the Company shall
always be operated in a manner consistent with its classification as a partnership for federal and,
to the extent possible, applicable state income and franchise tax purposes. In accordance
therewith,the Company shall, as necessary, elect to be treated as a partnership for such purposes
and shall not revoke or otherwise change this election and shall not elect out of subchapter K of
the Code or comparable provisions of state law without the consent of the Manager and
Members holding a Majority Interest. A Member shall not file (and each Member hereby
represents, warrants and covenants that it has not filed and will not file)any tax election or other
document that is inconsistent with the Company's position regarding its classification as
a partnership for such tax purposes.
044e999994084
41997303 r)9118'12 -4-
IL /7
ARTICLE 2
CAPITAL CONTRIBUTIONS;PERCENTAGE INTERESTS;CAPITAL ACCOUNTS
2.1 Capital Contributions and Percentase Interest; Capital Accounts. The name,
address, initial Capital Contribution, initial Capital Account balance, and the Percentage Interest
of each of the current Members is as follows:
Initial Initial Percentage
Names and Address Capital Contribution Interest
Redfern Family 1982 Trust
23082 Maravilla Lane Cash in the amount $306,000 51%
Coto de Caza,CA 92679
Timothy Patrick Redfern
22711 Mandarins Lane Cash in the amount of $58,800 9.8%
Coto de Caza,CA 92679
Erin R. Morgan
6 Kent Court Cash in the amount of $ 58,800 9.8%
Ladera Ranch,CA 92694
Patrick Michael Redfern
8 South Portals Cash in the amount of $ 58,800 9.8%
Laguna Beach, CA 92651
Sean Matthew Redfern
435 Via Lido Soud#2 Cash in the amount of S 58,800 9.8%
Newport Beach,CA 92663
Shannon Santoni
25 Salinger Cash in the amount of $ 58.800 Ira
Coto de Caza, CA 92679
Total S 000 100%
2.2 Additional Capital Contributions. The Members may make Additional Capital
Contributions only with the written consent of all Members, in which event the Company shall
adjust the Percentage Interests of the Members as unanimously agreed by the Members.
2.3 ,Return of Capital Contributions. Except as expressly authorized by this
Agreement, no Member shall have any right to withdraw or demand withdrawal of cash or other
0444240964003
4,ImoJ.0+'an2 -5-
. M
property contributed to the capital of the Company. or to receive a distribution of cash or other
property from the Company; and no Member shall be entitled to receive any interest with respect
to such Member's Capital Contributions.
ARTICLE 3
ALLOCATIONS
3.1 Profits. After giving effect to the special allocations set forth in Section 3.3 and
Section 3.4 below, Profits for any Allocation Year shall be allocated to the Members in
proportion to their respective Percentage Interests.
3.2 Losses. After giving effect to the special allocations set forth in Section 3.3 and
Section 3.4 below, Losses for any Allocation Year shall be allocated to the Members in
proportion to their respective Percentage Interests.
3.3 Special Allocations. The following special allocations shall be made in the
following order:
(a) Except as otherwise provided in § 1.704-2(f) of the Regulations,
notwithstanding any other provision of this Article 3, if there is a net decrease in
Company Minimum Gain during any Allocation Year, each Member shall be specially
allocated items of Company income and gain for such Allocation Year(and, if necessary,
subsequent Allocation Years) in an amount equal to such Member's share of the net
decrease in Company Minimum Gain, determined in accordance with § 1.704-2(g) of the
Regulations. Allocations pursuant to the previous sentence shall be made in proportion to
the respective amounts required to be allocated to each Member pursuant thereto. The
items to be so allocated shall be determined in accordance with §§ 1.704-2(f)(6) and
1.704-2(j)(2) of the Regulations. This Section 3.3 (a) is intended to comply with the
044/099999-0084
4199730 3 909/18/12 -6-
(2 . i
EXHIBIT E Notification of Surrounding property owners
Standard Notification letter:
RE: Nonsignificant Zoning Change Application
Applicant: Donald M. Redfern
T.M.K. 7-2-13:20
Dear Neighbor,
I own the'Lot J in our subdivision. I am proposing to add a lanai extension on the
golf course side of my lot.The addition will not encroach into the existing trail
setback area between my property and the golf course.To do this project I am
making a request to the County for a "nonsignificant zoning change". As required by
the County I am notifying you as your property is within 300 feet of Lot J.The
attached drawing shows how the present zoning line cuts through Lot J and does not
follow the property line. On a majority of the lots in our subdivision,the zoning line
does follow the property line.
This letter is to notify you that I have filed a Nonsignificant Zoning Change
Application with the Planning Director,County of Hawaii.
Thank you,
Donald Redfern
1
EXHIBIT E List of Surrounding Property Owners
7-2-010-008 B P Bishop Estate TTEES Kamehameha Schools
PO Box 3466
Honolulu HI 96801
Hualalai Investors LLC PO Box 119
Kailua Kona HI 96745
7-2-013-007 Margaret M. Kent 9150 Aerie Ln.
Blaine WA 98230
7-2-013-008-0001 Taube, Family Marital Tr. Taube Investment Inc.
1050 Ralston Ave
Belmont CA 94002
7-2-013-008-0002 Yeslek Hawaii Property Trst. Joseph Walter
466 39th Ave E
Seattle WA 98112
7-2-013-008-0003 St. Jean, Family Trst. 829 9th St.
Manhattan Beach CA 90266
7-2-013-009 B P Bishop Estate TTEES Kamehameha Schools
PO Box 3466
Honolulu HI 96801
7-2-013-009 Hualalai Investors LLC PO Box 119
Kailua Kona HI 96745
7-2-013-011 B P Bishop Estate TTEES Kamehameha Schools
PO Box 3466
Honolulu HI 96801
7-2-013-011 Hualalai Investors LLC PO Box 119
Kailua Kona HI 96745
7-2-013-013 Maney Family Tr. 1995 John & Patricia Many Tr.
4401 Colony Plaza
Newport Beach CA 92660
7-2-013-014 Edward M. Leonard 87 Farnsworth Ln.
&Victora A. Fay San Francisco CA 94117
7-2-013-015 Karen L. Morris Trst 6325 Muirlands Dr.
La Jolla CA 92037
7-2-013-016 Stein Tr. Martin Stein
Marlene W. Stein. Trst.
PO Box 1779
Glen Ellen CA 95442
2
EXHIBIT E List of Surrounding Property Owners
7-2-013-017 Oberon LLC Christopher J. Zyda
9401 Wilshire Blvd. Ste 525
Beverly Hills CA 90212
7-2-013-018 MarthaJ. Debenedetti Trst. 497 Stockbridge Ave
Atherton CA 94027
7-2-013-019 Polito Trst 640 Fourteenth Grn
Incline Village NV 89451
3
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EXHIBIT F Certificate of Tax Clearance
Non Significant Zoning Change Application
Applicant : Donald M. Redfern, manager
Kona Sunset LLC
(note that the present tax records show the
property owner is Insulectro with Don Redfern
as manager. Property ownership is in process
of changing to Kona Sunset LLC with Don
Redfern as manager.)
T.M.K. 7-2-1 3:20
1
Rev. 12!2008
-;011.0!N, •'
William P. Keno! Nancy E. Crawford
�1,
Mayor p ��..- Finance Director k ft
�-� � Deanna S. Sako
�y:• �..;:°���, Deputy Director
• �t�'OF'M►'•�
County of Hawaii
DEPARTMENT OF FINANCE- REAL PROPERTY TAX
Aupuni Center • 101 Pauahi Street,Suite No.4 • Hilo,Hawai`i 96720-4224 • Fax(808)961-8415
Appraisers(808)961-8354 • Clerical(808)961-8201 • Collections(808)961-8282
West Hawaii Civic Center • 74-5044 Ane Keohokalole Hwy. • Bldg. D,2nd Flr. • Kailua Kona,Hawaii 96740
Fax(808)327-3538 • Appraisers(808)323-4881 • Clerical(808)323-4880
www.hawaiipropertytax.com
REAL PROPERTY TAX CLEARANCE
October 22, 2012
TMK(s): (3)7-2-013-020-0000
This is to certify that the real property taxes due to the County of Hawaii on the
parcel(s) listed above have been paid up to and including December 31 , 2012.
This clearance was requested on behalf of Insulectro and is issued for this/these
parcel(s) only.
By L/ i /d/I-e.r1)- /
e. da Varron - Clerk
REAL PROPERTY TAX DIVISION
Hawai'i County is an Equal Opportunity Provider and Employer
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EXHIBIT B Purpose of Request
Nonsignificant Zoning Change Application
Applicant: Donald M. Redfern
Kona Sunset LLC
T.M.K. 7-2-13:20
Purpose of Request
The owner of the property is proposing to build lanai decks within the
buildable area of his lot. Portions of his buildable area are zoned"Open". The
owner does not have full use of his buildable area and considers this a
hardship. On a majority of properties within the subdivision the zoning line
exactly follows the property lines. These lots have full use of their buildable
areas.
The simple straight zoning line,as shown on Exhibit C, roughly follow the trail
on the north property line.The surveyed trail and 15 foot trail setback,
established after the zoning line, could more accurately define this demising
line.
The owner proposes a new zoning line between the RM-10 district and the
Open district shown on Exhibit C.The changes are described in written form
in Exhibit D and summarized as follows:
Area to be changed from Open to RM-10
454
146
472
Total 1072 square feet.
Area to be changed from RM-10 to Open
78
21
106
Total 205 square feet.
These proposed changes do not affect any adjoining properties.The proposed
zoning line revision is insignificant and will change the size of both zoning
areas in minimal amount.
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EXHIBIT D - Calculation and Description of Areas
Non Significant Zoning Change Application
Applicant : Donald M. Redfern, manager
Kona Sunset LLC
T.M.K. 7-2-1 3:2
1
#15633.98 OPEN to RM-10(454 SQ. FT.)
PROPOSED CHANGE OF ZONING DESIGNATION
FROM OPEN TO RM-10 (454 SQ. FT.)
Land situated in the vicinity of the Easterly boundary of Lot J of Hualalai Resort "A-1"
Subdivision No. 2(File Plan 2231) at Kaupulehu, North Kona, Island and County of Hawaii, State
of Hawaii.
Being portions of:
Lot J of Hualalai Resort"A-1" Subdivision No. 2(File Plan 2231); and
Royal Patent 7843,Land Commission Award 7715,Apana 10 to Lota Kamehameha.
Beginning at the Southernmost corner of this parcel of land, being also a point on the
Westerly side of existing Easement 8(30-Ft.Wide)for Trail Purposes as shown on File Plan 2161,
the coordinates of said point of beginning referred to Government Survey Triangulation Station
"AKAHIPUU" being 26,555.24 feet North and 6,038.65 feet West and running by azimuths
measured clockwise from True South:
1. 139° 18' 63.98 feet along the remainder of Lot J to a point;
2. 190° 25' 2.54 feet along the remainder of Lot J to a point;
3. 288° 24' 48" 17.41 feet along the Westerly side of existing
Easement 8 (30- Ft. Wide) for Trail Purposes
as shown on File Plan 2161 and along the
remainder of Lot J to a drill hole (set);
#15633.98 Page 1 of 2
WES THOMAS ASSOCIATES
—Land Surveyors—
75-5749 Kalawa Street, Kailua-Kona, Hawaii 96740-1817
#15633.98 OPEN to RM-10(454 SQ. FT.)
4. 326° 20' 48" 35.71 l on the(30- Westerly side of existing
Wide) for TraPurpo
Easement Purposes
as shown on File Plan 2161 and along the
remainder of Lot J to a nail (set);
5. 342° 34' 48" 16.54 feet along the Westerly side of existing
Easement 8 (30- Ft. Wide) for Trail Purposes
•
as shown on File Plan 2161 and along the
,0,.T. YqM remainder of Lot J to the point of beginning and
Q-
t LICENSED q containing an area of 454 Square Feet.
=
v PROFESSIONAL
LAND WES THOMAS ASSOCIATES
SURVEYOR /j ,�,e-C
No.4331
-
WA�t 3' Chryst
yg Thomas Yamasaki
Licensed Professional Land Surveyor
State of Hawaii Certificate No. LS-4331
75-5749 Kalawa Street
Kailua-Kona, Hawaii 96740-1817
TMK: 7-2-013: portion 020 (3rd Division)
October 26, 2012
#15633.98 Page 2 of 2
WES THOMAS ASSOCIATES
-Land Surveyors-
75-5749 Kalawa Street, Kailua-Kona, Hawaii 96740-1817
#15633.98 OPEN to RM-10(146 SQ. FT.)
PROPOSED CHANGE OF ZONING DESIGNATION
FROM OPEN TO RM-10 (146 SQ. FT.)
Land situated in the vicinity of the Easterly boundary of Lot J of Hualalai Resort "A-1"
Subdivision No. 2 (File Plan 2231) at Kaupulehu, North Kona, Island and County of Hawaii, State
of Hawaii.
Being portions of:
Lot J of Hualalai Resort"A-1" Subdivision No. 2(File Plan 2231); and
Royal Patent 7843,Land Commission Award 7715,Apana 10 to Lota Kamehameha.
Beginning at the Southernmost corner of this parcel of land, being also a point on the
Westerly side of existing Easement 8(30-Ft.Wide)for Trail Purposes as shown on File Plan 2161,
the coordinates of said point of beginning referred to Government Survey Triangulation Station
"AKAHIPUU" being 26,485.48 feet North and 5,978.65 feet West and running by azimuths
measured clockwise from True South:
1. 139° 18' 55.04 feet along the remainder of Lot J to a point;
2. 310° 31' 48" 34.71 feet along the Westerly side of existing
Easement 8 (30- Ft. Wide) for Trail Purposes
as shown on File Plan 2161 and along the
remainder of Lot J to a nail (set);
3. 333° 36' 48" 21.40 feet along the Westerly side of existing
Easement 8 (30- Ft. Wide) for Trail Purposes
as shown on File Plan 2161 and along the
.P‘„ T. y'tM remainder of Lot J to the point of beginning and
�y -44p containing an area of 146 Square Feet.
rQ' LICENSED
V PROFESSIONAL WES THOMAS ASSOCIATES
LAND
SURVEYOR
No.4331 P Chrys I Thomas Yamasal
ygWAlt,vsr Licensed Professional Land Surveyor
State of Hawaii Certificate No. LS-4331
75-5749 Kalawa Street
Kailua-Kona, Hawaii 96740-1817
TMK: 7-2-013: portion 020 (3rd Division)
October 26, 2012
#15633.98 Page 1 of 1
WES THOMAS ASSOCIATES
-Land Surveyors-
75-5749 Kalawa Street, Kailue-Kona, Hawaii 96740-1817
#15633.98 OPEN to RM-10(472 SQ. FT.)
PROPOSED CHANGE OF ZONING DESIGNATION
FROM OPEN TO RM-10 (472 SQ. FT.)
Land situated in the vicinity of the Easterly boundary of Lot J of Hualalai Resort "A-1"
Subdivision No. 2(File Plan 2231) at Kaupulehu, North Kona, Island and County of Hawaii, State
of Hawaii.
Being portions of:
Lot J of Hualalai Resort"A-1" Subdivision No. 2(File Plan 2231); and
Royal Patent 7843,Land Commission Award 7715,Apana 10 to Lota Kamehameha.
Beginning at the Southernmost corner of this parcel of land, being also a point on the
Westerly side of existing Easement 8(30-Ft.Wide)for Trail Purposes as shown on File Plan 2161,
the coordinates of said point of beginning referred to Government Survey Triangulation Station
"AKAHIPUU" being 26,420.44 feet North and 5,922.70 feet West and running by azimuths
measured clockwise from True South:
1. 139° 18' 68.10 feet along the remainder of Lot J to a point;
2. 303° 43' 48" 48.56 feet along the Westerly side of existing
Easement 8 (30- Ft. Wide) for Trail Purposes
as shown on File Plan 2161 and along the
remainder of Lot J to a spike (set);
3. 345° 03' 48" 22.65 feet along the Westerly side of existing
Easement 8 (30- Ft. Wide) for Trail Purposes
as shown on File Plan 2161 and along the
remainder of Lot J to a nail (set);
#15633.98 Page 1 of 2
WES THOMAS ASSOCIATES
-Land Surveyors-
75-5749 Kalawa Street, Kailua-Kona, Hawaii 96740-1817
#15633.98 OPEN to RM-10(472 SQ. FT.)
4. 33° 10' 48" 3.32 feet along the Westerly side of existing
Easement 8 (30- Ft. Wide) for Trail Purposes
as shown on File Plan 2161 and along the
gyp,.T Yq remainder of Lot J to the point of beginning and
My0 containing an area of 472 Square Feet.
LICENSED 9
PROFESSIONAL WES THOMAS ASSOCIATES
LAND 4r-d46"
SURVEYOR
No.4331
eZ-hOrr:rasfet's
gwAll, Licensed Professional Land Surveyor
yuS
State of Hawaii Certificate No. LS-4331
75-5749 Kalawa Street
Kailua-Kona, Hawaii 96740-1817
TMK: 7-2-013: portion 020 (3rd Division)
October 26, 2012
•
#15633.98 Page 2 of 2
WES THOMAS ASSOC/ATES
-Land Surveyors-
75-5749 Kalawa Street, Kailua-Kona, Hawaii 96740-1817
#15633.98 RM-10 to OPEN (78 Sq. Ft.)
PROPOSED CHANGE OF ZONING DESIGNATION
FROM RM-10 TO OPEN (78 SQ. FT.)
Land situated in the vicinity of the Easterly boundary of Lot J of Hualalai Resort "A-1"
Subdivision No. 2(File Plan 2231) at Kaupulehu, North Kona, Island and County of Hawaii, State
of Hawaii.
Being portions of:
Lot J of Hualalai Resort"A-1" Subdivision No. 2(File Plan 2231); and
Royal Patent 7843,Land Commission Award 7715,Apana 10 to Lota Kamehameha.
Beginning at the Northernmost corner of this parcel of land, being also a point on the
Westerly side of existing Easement 8(30-Ft.Wide)for Trail Purposes as shown on File Plan 2161,
the coordinates of said point of beginning referred to Government Survey Triangulation Station
"AKAHIPUU" being 26,555.24 feet North and 6,038.65 feet West and running by azimuths
measured clockwise from True South:
1. 319° 18' 36.97 feet along the Westerly side of existing
Easement 8(30-Ft.Wide)for Trail Purposes as
shown on File Plan 2161 and along the
remainder of Lot J to a point;
2. 130° 31' 48" 27.54 feet along the remainder of Lot J to a spike
(set);
3. 162° 34' 48" 10.62 feet along the remainder of Lot J to the point of
beginning and containing an area of 78 Square
Feet.
p1_ T. y
t.
0 q-Tor WES THOMAS ASSOCIATES
LICENSED
PROF ESSlplyAl
LAND
SURVEY OR rystal Thomas Yama
SURVEYOR
Licensed Professional Land Surveyor
tiq No.4331 9p State of Hawaii Certificate No. LS-4331
75-5749 Kalaw- = i
Kailua-Kona, Hawaii 96740-1817
TMK: 7-2-013: portion 020 (3rd Division)
October 26, 2012
#15633.98 Page 1 of 1
WES THOMAS ASSOCIATES
-Land Surveyors-
75-5749 Kalawa Street, Kailua-Kona, Hawaii 96740-1817
#15633.98 RM-10 to OPEN (21 Sq. Ft.)
PROPOSED CHANGE OF ZONING DESIGNATION
FROM RM-10 TO OPEN (21 SQ. FT.)
Land situated in the vicinity of the Easterly boundary of Lot J of Hualalai Resort 'A-1"
Subdivision No. 2 (File Plan 2231) at Kaupulehu, North Kona, Island and County of Hawaii, State
of Hawaii.
Being portions of:
Lot J of Hualalai Resort "A-1" Subdivision No. 2 (File Plan 2231); and
Royal Patent 7843,Land Commission Award 7715,Apana 10 to Lota Kamehameha.
Beginning at the Northernmost corner of this parcel of land, being also a point on the
Westerly side of existing Easement 8(30-Ft.Wide)for Trail Purposes as shown on File Plan 2161,
the coordinates of said point of beginning referred to Government Survey Triangulation Station
"AKAHIPUU" being 26,485.48 feet North and 5,978.65 feet West and running by azimuths
•
measured clockwise from True South:
1. 319° 18' 17.70 feet along the Westerly side of existing
Easement 8(30-Ft.Wide)for Trail Purposes as
shown on File Plan 2161 and along the
remainder of Lot J to a point;
2. 123° 43' 48" 8.78 feet along the remainder of Lot J to a spike
(set);
3. 153° 36' 48" 9.53 feet along the remainder of Lot J to the point of
beginning and containing an area of 21 Square
P`T YAIA_ Feet.
e" LICENSED WES THOMAS ASSOCIATES
0 PROFESSIONAL
LAND
SURVEYOR Ch stal Thomas Yam
No. 31 Licensed Professional Land Surveyor
h'gyyAll.Vy' State of Hawaii Certificate No. LS-4331
75-5749 - -' a Street
Kailua-Kona, Hawaii 96740-1817
TMK: 7-2-013: portion 020 (3rd Division)
October 26, 2012
#15633.98 Page 1 of 1
WES THOMAS ASSOCIATES
-Land Surveyors-
75-5749 Kalawa Street, Kailua-Kona, Hawaii 96740-1817
#15633.98 RM-10 to OPEN (106 Sy. Ft.)
PROPOSED CHANGE OF ZONING DESIGNATION
FROM RM-10 TO OPEN (106 SQ. FT.)
Land situated in the vicinity of the Southeasterly corner of Lot J of Hualalai Resort "A-1"
Subdivision No. 2(File Plan 2231) at Kaupulehu, North Kona, Island and County of Hawaii, State
of Hawaii.
(
Being portions of:
Lot J of Hualalai Resort "A-1" Subdivision No. 2 (File Plan 2231); and
Royal Patent 7843,Land Commission Award 7715,Apana 10 to Lota Kamehameha.
Beginning at the Northernmost corner of this parcel of land, being also a point on the
Westerly side of existing Easement 8(30-Ft.Wide)for Trail Purposes as shown on File Plan 2161,
the coordinates of said point of beginning referred to Government Survey Triangulation Station
"AKAHIPUU" being 26,420.44 feet North and 5,922.70 feet West and running by azimuths
measured clockwise from True South:
1. 319° 18' 13.77 feet along the Westerly side of existing
Easement 8(30-Ft.Wide)for Trail Purposes as
shown on File Plan 2161 and along the
remainder of Lot J to a point;
2. 57° 56' 12.51 feet along Lot H of Hualalai Resort "A-1"
Subdivision No. 2 (File Plan 2231) to a nail
(set);
3. 174° 16' 48" 12.72 feet along the remainder of Lot J to a nail (set);
#15633.98 Page 1 of 2
WES THOMAS ASSOCIATES
-Land Surveyors-
75-5749 Kalawa Street, Kailua-Kona, Hawaii 96740-1817
#15633.98 RM-10 to OPEN (106 S . Ft.)
4. 213° 10' 48" 5.28 feet along the remainder of Lot J to the point of
beginning and containing an area of 106
Square Feet.
t 0, . YA44 WES THOMAS ASSOCIATES
ge,44917171# 1477:4?-°°(--—
LICENSED PROFcSSIONAL
LOW
*, SURVE`°11
HO. 1 p, Chrystal Thomas Yamasaki
yAWAtt.uS Licensed Professional Land Surveyor
State of Hawaii Certificate No. LS-4331
75-5749 Kalawa Street
Kailua-Kona, Hawaii 96740-1817
TMK: 7-2-013: portion 020 (3rd Division)
October 26, 2012
i
#15633.98 Page 2 of 2
WES THOMAS ASSOCIATES
-Land Surveyors-
75-5749 Kalawa Street, Kailua-Kona, Hawaii 96740-1817
N.
EXHIBIT E Notification of Surrounding property owners
Standard Notification letter:
RE: Nonsignificant Zoning Change Application
Applicant: Donald M. Redfern
T.M.K. 7-2-13:20
Dear Neighbor,
I own the Lot J in our subdivision. I am proposing to add a lanai extension on the
golf course side of my lot.The addition will not encroach into the existing trail
setback area between my property and the golf course.To do this project I am
making a request to the County for a "nonsignificant zoning change". As required by
the County I am notifying you as your property is within 300 feet of Lot J.The
attached drawing shows how the present zoning line cuts through Lot J and does not
follow the property line. On a majority of the lots in our subdivision,the zoning line
does follow the property line.
This letter is to notify you that I have filed a Nonsignificant Zoning Change
Application with the Planning Director, County of Hawaii.
Thank you,
Donald Redfern
1
EXHIBIT E List of Surrounding Property Owners
7-2-010-008 B P Bishop Estate TTEES Kamehameha Schools
PO Box 3466
Honolulu HI 96801
Hualalai Investors LLC PO Box 119
Kailua Kona HI 96745
7-2-013-007 Margaret M. Kent 9150 Aerie Ln.
Blaine WA 98230
7-2-013-008-0001 Taube, Family Marital Tr. Taube Investment Inc.
1050 Ralston Ave
Belmont CA 94002
7-2-013-008-0002 Yeslek Hawaii Property Trst. Joseph Walter
466 39th Ave E
Seattle WA 98112
7-2-013-008-0003 St. Jean, Family Trst. 829 9th St.
Manhattan Beach CA 90266
7-2-013-009 B P Bishop Estate TTEES Kamehameha Schools
PO Box 3466
Honolulu HI 96801
7-2-013-009 Hualalai Investors LLC PO Box 119
Kailua Kona HI 96745
7-2-013-011 B P Bishop Estate TTEES Kamehameha Schools
PO Box 3466
Honolulu HI 96801
7-2-013-011 Hualalai Investors LLC PO Box 119
Kailua Kona HI 96745
7-2-013-013 Maney Family Tr. 1995 John & Patricia Many Tr.
4401 Colony Plaza
Newport Beach CA 92660
7-2-013-014 Edward M. Leonard 87 Farnsworth Ln.
&Victora A. Fay San Francisco CA 94117
7-2-013-015 Karen L. Morris Trst 6325 Muirlands Dr.
La Jolla CA 92037
7-2-013-016 Stein Tr. Martin Stein
Marlene W. Stein. Trst.
PO Box 1779
Glen Ellen CA 95442
2
EXHIBIT E List of Surrounding Property Owners
7-2-013-017 Oberon LLC Christopher J. Zyda
9401 Wilshire Blvd. Ste 525
Beverly Hills CA 90212
7-2-013-018 MarthaJ. Debenedetti Trst. 497 Stockbridge Ave
Atherton CA 94027
7-2-013-019 Polito Trst 640 Fourteenth Grn
Incline Village NV 89451
3
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efielAlabeir di=P4M0711. &TA rioN
her& 8 Mr toss, C84?4
• - , • # V4, • \
nr : AL • , Lot J
Owner Don Redfern
Al 114' ) -8 .
Kona Sunset LLC
TMK 7-2-013-020
IL. ( r ki‘
Zoning Line cuts
into buildable area here
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EXHIBIT F Certificate of Tax Clearance
Non Significant Zoning Change Application
Applicant : Donald M. Redfern, manager
Kona Sunset LLC
(note that the present tax records show the
property owner is Insulectro with Don Redfern
as manager. Property ownership is in process
of changing to Kona Sunset LLC with Don
Redfern as manager.)
T.M.K. 7-2-13:20
1
t n y
Rev. 12/2008
William P. Kenoi :cf.V,.L� • �, • Nancy E. Crawford
Mayor tn�
.11c��� Finance Director
Deanna S. Sako
;i';: —±°.�'- . Deputy Director
�rf'oi--M'-+
County of Hawaii
DEPARTMENT OF FINANCE - REAL PROPERTY TAX
Aupuni Center • 101 Pauahi Street,Suite No.4 • Hilo,Hawaii 96720-4224 • Fax(808)961-8415
Appraisers(808)961-8354 • Clerical(808)961-8201 • Collections(808)961-8282
West Hawaii Civic Center • 74-5044 Ane Keohokalole Hwy. • Bldg. D,2nd FIT. • Kailua Kona,Hawai`i 96740
Fax(808)327-3538 • Appraisers(808)323-4881 • Clerical(808)323-4880
www.hawaiipropertytax.com
REAL PROPERTY TAX CLEARANCE
October 22, 2012
TMK(s): (3)7-2-013-020-0000
This is to certify that the real property taxes due to the County of Hawai'i on the
parcel(s) listed above have been paid up to and including December 31, 2012.
This clearance was requested on behalf of Insulectro and is issued for this/these
parcel(s) only.
t G�
By L/
e. da Varron - Clerk
REAL PROPERTY TAX DIVISION
Hawai'i County is an Equal Opportunity Provider and Employer
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