HomeMy WebLinkAboutCOM 0088.029 1998-2000 - -- ` FEB -1- ' 99 13:14 T- MUSHRU' ,H 2l I6 L25E4 3C 1 N'722 - ! 11
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Ilona palisades Sstates Community Association
Post Office Box 2223 Kailua -Kona, Hawaii 96745-2223
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February 18, 1999 • o r T
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Mr. Curtis Tyler, Councilman c
Hawaii County Council •
25 Aupuni Stl,
Hilo, HI 96720 i-
Fax 326 5697 z 1
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Dear Curtis: c�
The highly controversial Zoning Code passed in the last few days of the
1997 County Council, has a number of provisions to which we are adamantly
opposed. The irony is that during the Councils deliberations, they ne-
glected to give the public adequate attention, in spite of the existence
of "Sunshine Laws ". In talking to some of the "lame duck" council members
at that time, their expressed attitude was "if there are some problems with
the new code, future council action to make amendments will fix any problems ".
As a result of court action regarding violation of the "sunshine law' the
Zoning code is being reexamined.
For the record, we object strenuously to the following provisions in the
Zoning Code:
Paragraph 25 - 5 - 72(f) "Restrictive deeds and covenants, where applicable to
subdivisions in the Agricultural district, cannot limit uses allowed by the
Code ".
Paragraph 25- 1 -5(b) (55) "removes the restrictions on guest quarters that
formerly required them to be non- conmercial ".
Paragraph 25- 2 -43(c) "if the County instead of a land -owner initiates a
zoning change, then property owners within 300 feet will not be notified
by mail. Instead, several legal notices will appear.
Paragraphs 25 - - & 25 -4 -22 "The former code did not mention telecom-
munication towers. The new code allows them without a permit to be 500
feet from grade in any district except residential, where a permit is
required ".
Our most pressing concern is the language in paragraph 25- 5 -72(f) that in
effect cancels the Covenants which are part of the property deeds in our
sub - division, as well as marry others. Our Attorney, Mr. Gianotti, believes
such a drastic change will end up in court. His opinion is the court will
probably rule the Council acted unconstitutionally on this issue.
Sincerely, Q
&.j /9 Comm. No.
Hcc /ZN
Roy Mushrush File No. 4
Chairman Government Presented couNC_' ernment & Conmunity Affairs Ref. To: P ' ry '
Ref. Date FEB 18 19r