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Home My WebLink AboutCOM 0637.002 1994-1996 `. :, ,Je Virginia Goldstein Step..en K. Yamashiro :".: `.�?�ft I#: Director Mayor � . a, "' jr U `uu L ( J J U Norman Olesen Deputy Director Count of cin ii I_ PLANNING DEPARTMENT Cm. 25 Aupuni Street,Room 109 • Hilo,Hawaii 96720-4252 (808)961-8288 • Fax(808)961-9615 November 18, 1996 Mr. Steven S.C. Lim Carlsmith Ball Wichman Case & Ichiki Attorneys At Law 121 Waianuenue Avenue Hilo, Hawaii 96721-0686 Dear Mr. Lim: Change of Zone Ordinance No. 90-63 and as amended by Ordinance No. 93-76 (REZ 663) Applicant: Pualani Estates, Inc./International Assets, Ltd. Subject: Extension of Time to Condition C (Secure Final Subdivision Approval) Tax Map Key: 7-5-17:28 and 29 This is to acknowledge receipt of your letters dated October 30, 1996, and November 13, 1996, requesting an extension of time to Condition C of the above-referenced ordinance. In our last letter to you dated October 25, 1996, we noted that you needed to request an extension of time from July 9, 1995, two years from the effective date of the ordinance. The letter should have stated August 9, 1995, since the effective date of Change of Zone Ordinance No. 90-63 is August 9, 1993. We apologize for this error. Condition P of the ordinance allows the Planning Director to grant an extension of time for performance of conditions within the permit. A status review of your file indicates that revised tentative subdivision plans were submitted and tentative subdivision approval secured on December 2, 1993. You have also informed us that a time extension is needed to allow the subdivider to pursue project funding for bonding and construction loan purposes. The subdivider has also recently received a preliminary loan commitment contingent upon achieving a satisfactory level of presales in Unit 1 of the project. Comm. No ..�� hail■-� y5i� No..___...._7 N.(2 . Rd. To _ . -._.._...____. Ref, Date NC4I 2 9-226.—. • a Mr. Steven S.C. Lim Page 2 November 18, 1996 Based on the above, the Planning Director has determined that non-performance is a result of circumstances beyond the control of the applicant and not a result of fault or negligence and hereby grants you a two-year extension of time from August 9,1995, until August 8, 1997, in which to comply with Condition C (secure Final Subdivision Approval). Please be aware that if an additional extension of time is needed, your request with reasons must be forwarded to the County Planning Commission through this office. A $100 filing fee shall be submitted when requesting an additional extension of time together with an original and 20 copies of your request. Should you have any questions regarding the above, please contact Susan Gagorik or Alice Kawaha of our department at 961-8288. Sincerely, VI4464/(Il EIN Plannin g SG:pak f:\wpwin60\Susan\lpuala02.skg cc w/ltrs: Planning Commission West Hawaii Office 9 CARLSMITH BALL WICHMAN CASE & ICHII I ATTORNEY'S AT LAW A PARTNERSHIP INCLUDING LAW CORPORATIONS 121 WAIANUENUE AVENUE POST OFFICE BOX 686 HILO, HAWAII 96721-0686 96 oCr 33 cJ TELEPHONE(808)935-6644 Pig FAX(808)935-7975 CC/ I,' 13 ♦y`!fy// October 30, 1996 Ref#:03-4466-2 Pualani Via Hand Delivery Virginia Goldstein • Planning Director Planning Department County of Hawaii 25 Aupuni Street Hilo, Hawaii 96720 Re: Change of Zone Ordinance No. 90-63, as amended by Ordinance No. 93-76 Applicant: Pualani Estates, Inc./International Assets, Ltd. Tax Map Key: 7-5-17:28 and 29 (REZ 663) Dear Ms. Goldstein: Pursuant to your letter dated October 25, 1996 (copy attached), this will request an administrative time extension for two years for the Applicant to comply with Condition C of Change of Zone Ordinance No. 93-76. Specifically, this will request a time extension from July 9, 1995 to July 8, 1997 for the Applicant to secure final subdivision approval for the subject Pualani Estates project. Please do not hesitate to contact me at 935-6644, should you have further instructions on this matter. Thank you for your continued assistance. Very truly yours, CARLSMITH BALL WICHMAN CASE & ICHIKI STEVEN S. C. SSCL:JEC/Attachment l 9 36 xc w/attachment: Grant Johnston Robert West Robert Triantos, Esq. HONOLULU*KAPOLEI*HII,O*KONA*MAUI*GUAM*SAIPAN*LOS ANGELES*WASHINGTON,D.C.*MEXICO CITY , I /40JNSV OF M,.;,. /. .:=7,^e� •' Virginia Goldstein Stephen K.Yamashiro // .N,;.a,. ��• Director Mayor • • tq N_ Norman Olesen t r ri- t - Deputy Director Count of paiunii PLANNING DEPARTMENT 25 Aupuni Street,Room 109 • Hilo,Hawaii 96720-4252 (808)961-8288 • Fax(808)961-9615 Cra IFY October 25, 1996 Mr. Steven S.C. Lim Carlsmith Ball Wichman Case & Ichiki Attorneys At Law 121 Waianuenue Avenue Hilo, Hawaii 96721-0686 Dear Mr. Lim: Change of Zone Ordinance No. 90-63 and as amended by Ordinance No. 93-76 (REZ 663) Applicant: Pualani Estates, Inc./International Assets, Ltd. Subject: 1996 Annual Progress Report Tax Map Key: 7-5-17:28 and 29 Thank you for your letter dated August 12, 1996, providing an annual progress report for the proposed development as required by Condition 0 of Ordinance No. 93-76. A copy of your report will be transmitted to the County Council and the Planning Commission for their information. In reference to Condition C, final subdivision approval was required to be secured within two years from the effective date of the change of zone amendment or by July 9, 1995. Although you secured extensions for the submittal of a final plat map and complying with conditions of tentative subdivision approval, this does not automatically provide you with an extension to Condition C of Ordinance No. 93-76. Therefore, please submit an administrative request for an extension of time to comply with Condition C (secure final subdivision approval). 1 Mr. Steven S.C. Lim Page 2 October 25, 1996 Should you have any questions regarding this matter, please contact Susan Gagorik or Alice Kawaha of this department at 961-8288. Sincerely, VIRG IA ii DST IN Planning Dire. .r SG:pak f:\wpwin60\Susan\lpuala01.skg cc: Hawaii County Council Planning Commission West Hawaii Office • • ," • CARLSMITH BALL WICHMAN CASE SL ICHIIQ ATTORNEYS AT LAW A PARTNERSHIP INCLUDING LAW CORPORATIONS 121 WAIANUENUE AVENUE POST OFFICE BOX 686 91 Nun U 1`1 P(] 3 CO HILO, HAWAII 96721-0686 C TELEPHONE(808)935-6644 L'i Y l i i i i r t V� l i l FAX(808)935-7975 November 13, 1996 Ref#:03-4466-2 Pualani Via Hand Delivery Virginia Goldstein Planning Director Planning Department County of Hawaii 25 Aupuni Street Hilo, Hawaii 96720 Attention: Susan Gagorik Re: Change of Zone Ordinance No. 90-63, as amended by Ordinance No. 93-76 Applicant: Pualani Estates, Inc./International Assets, Ltd. Tax Map Key: 7-5-17:28 and 29 (REZ 663) Dear Ms. Goldstein: Pursuant to your letter dated October 25, 1996 and as a follow up to our responsive letter dated October 30, 1996,this will request an administrative time extension for two years for the Applicant to comply with Condition C of Change of Zone Ordinance No. 93-76. Specifically, this will request a time extension from July 9, 1995 to July 8, 1997 for the Applicant to secure final subdivision approval for the subject Pualani Estates project. The reason for this request is to allow the subdivider to pursue project funding for bonding and construction loan purposes. The subdivider recently received a preliminary loan commitment contingent upon achieving a satisfactory level of presales in Unit 1 of the project. HONOLULU*KAPOLEI*HILO*KONA*MAUI*GUAM*SAIPAN*LOS ANGELES*WASHINGTON,D.C.*MEXICO CITY November 13, 1996 Page 2 Please do not hesitate to contact me at 935-6644, should you have further questions on this matter. Thank you for your attention and assistance. Very truly yours, CARLSMITH BALL WICHMAN CASE& ICHIKI STEVE S. C SSCL:JEC fc: Grant Johnston Robert West Robert Triantos, Esq.