HomeMy WebLinkAboutCOM 0916.001 2012-2014 Greggor Ilagan c •• '� . , Office: (808)965-2712
V./74 Fax: (808)965-2707
Council Member � :t
District 4 Puna Makai � Email.. gilagan @hawaiicounty.gov
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HAWAII COUNTY COUNCIL
25 Aupuni Street,Hilo, Hawai`i 96720
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DATE: June 13, 2014 =r=
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TO: The Honorable J Yoshimoto, Council Chairperson _'
and Members of the Hawai`i County Council
FROM: �� "reggor Ilagan, Council Member
ouncil District 4
SUBJECT: Additional Information Pertaining to Resolution 451-14, Regarding the Gapp Property
Attached is a memo relating to the Gapp Property from the County of Hawai`i Planning Department to
Samuel J. Lemmo,Administrator of the Department of Land and Natural Resources. Please distribute the
attached for the Finance Committee Meeting on June 17, 2014.
Mahalo.
GI/kh
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Comm. N C180'
Ref.To: —C--
Hawai'i County Is an Equal Opportunity Provider And Employer Ref. Date JUN 1 201
William P. Kenoi c, •
Duane Kanuha
Mayor ; \,
Director
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r1r�O!M Bobby Command d
Deputy Drrector
West Hawaii Office East Hawaii Office
74-5044 Ane Keohokalole Hwy • • 101 Pauahi Street,Suite 3
Kailua-Kona;Hawaii 96740 County of Hawaii Hilo.Hawaii 96720
Phone(808)323-4770 Phone(808)961-8288
Fax(808)327-3563 PLANNING DEPARTMENT Fax(808)961-8742
May 14, 2014
Mr. Samuel J. Lemmo, Administrator
Department of Land & Natural Resources
Office of Conservation and Coastal Lands
Kalanimoku Building
1151 Punchbowl St., Room 131
Honolulu, HI 96
Dear MP; emm
SUBJECT: DETERMINATION OF TYPE OF PERMIT NEEDED FOR A PARTICULAR ACTION
TITLE 13 CHAPTER 1 SUBCHAPTER 4 13-5-30 PERMITS GENERALLY.
As you know, there has been correspondence between your office and the County of Hawaii
Planning Department beginning in May, 2012 regarding an inadvertent subdivision of
Conservation land, identified by TMKs: (3) 1-5-010:011 and 032; Maku'u, Puna, Island of
Hawai'i, Hawai'i.
By way of background, the subject properties in their former configuration were created by a
consolidation/subdivision action in April, 1999,which consolidated one existing lot which went
to the shoreline, the frontage being designated Conservation/Protective Subzone, and a grant
lot which was totally outside of the Conservation district. The resultant two lots created
another lot within the Conservation district for which no prior approval was applied for through
the Board of Land and Natural Resources (BLNR). A comprehensive review of our records leads
us to believe that this is the only case of this nature inasmuch the rules for subdividing within
the Conservation district have been strictly adhered to once we inquired and were made aware
of the CDUA and specific subzone permitting requirements.
Both lots were subsequently sold and one buyer, Mr. and Mrs. John Gapp attempted to get
approval via a CDUA submittal to construct a single family dwelling on the Conservation district
portion of their lot. Their application was recommended for denial by BLNR staff both on
substance and also the fact that the subdivision was not a legally created subdivision within the
Conservation district.
b,,., !7!, Lin> i..�,r0 llairai7(_burn,is ao Equal Opportunity Provider and Employer
Mr. Samuel J. Lemma, Administrator
May 14, 2014
Page 2
We have been looking at solutions to this dilemma for the last year or so and in the meantime,
the Gapp's have threatened legal action against the County for the purchase of a lot
inadvertently created by the County's consolidation/resubdivision action. We understand that
the purchasers of the adjacent lot have also been informed of the pending situation and it is
very likely that they will also join in the litigation if it is pursued.
Our options are not pretty. We could nullify the consolidation/subdivision action which would
certainly end up in litigation involving both purchasers and we have also explored the option of
purchasing the Gapp's property, which potentially could raise the issue again of whether or not
the lot was legally created. It would potentially avail the adjacent property owner of the same
resolution as well. The preliminary indications based on recent sales activity in the area are
that the purchase figure would be in the range of$400,000 +/-for one lot or $800,000+/-for
both lots.
In previous email discussions with you, it is now our understanding that there are no
alternatives to either file for an after the fact consolidation/resubdivision to rectify the existing
situation due to its designation as a P subzone, nor are there any departmental or Board permit
actions that are applicable in this situation. We are also not attempting to resolve the Gapp's
particular CDUA situation but only to rectify the County's erroneous action taken in 1999.
Therefore, pursuant to the above referenced section of your rules, we request a formal
determination on what type of permit is needed for the corrective action described herein.
I realize that this is a very difficult situation but we need to ensure that we have exhausted all
potential remedies in the event litigation does in fact go forward.
Your early response would be greatly appreciated.
Sincerely,
DUANE KANUHA
Planning Director
DK:rl
xc: William Aila, Chairperson DLNR
William Brilhante, Deputy Corporation Counsel
Ken Van Bergen, Real Property Manager