HomeMy WebLinkAboutCOM 0173.000 1998-2000 x<r os•x~ Virginia Goldstei?
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Russell Kokubun
Deputy Director
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PLANNING DEPARTMENT
25 Aupuni Stree[, Raom 109 • Hilo, Hawaii 967204252 , - -
(808) 961.8288 • Fax (808) 961-8742 ~ -
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February 24, 1999
Mr. Gregory R. Mooers
Mooers Enterprises
P. O. Box 1101
Kamuela, HI 96743
Dear Mr. Mooers:
Change of Zone Ordinance No. 98-72 (REZ 891)
Subject: Condition I (Restrictive Covenants Prohibiting a Second Dwelling)
Applicant: Dr. William and Patricia Bergin
Tax Mao Kev: 6-2-09: 25
This is in regards to your letter dated January 15, 1999 asking for clarification of Condition I and
its application on the above-referenced property.
Condition I of Change of Zone Ordinance No. 98-72 states as follows:
"I. Restrictive covenants in the deeds of all the proposed residential lots within the
subject property shall prohibit the construction of a second dwelling unit on each
lot. A copy of the proposed covenant(s) to be recorded with the Bureau of
Conveyances shall be submitted to the Planning Director for review and approval
prior to the issuance of Final Subdivision Approval. A copy of the approved
covenant shall be recited in an instrument executed by the applicant and the
County and recorded with the Bureau of Conveyances for any portion of the
subject property. A copy of the recorded document shall be filed with the Planning
Department upon its receipt from the Bureau of Conveyances."
When your change of zone request was reviewed by the Planning Commission, your
representation was that the proposed subdivision would result in one lot with two dwellings and
the other lot vacant. The second dwelling on Lot 25-A is an Ohana Dwelling that was previously
approved by the Planning Director in 1989. With that understanding, the above Condition I is
applicable only to the vacant lot (Lot 25-B) and not the lot where the two dwellings already exist
(Lot 25-A). The Final Plat Map approved by the Planning Director is attached for reference.
Comm. No. ~ 7.3
F51e No. ZN G ~K.F}
Ref. Tn;
Ref, ll:: ~-2~~_
Mr. Gregory R. Mooers
Mooers Enterprises
Page 2
February 24, 1999
Should you have any further questions regarding this matter, please contact Susan Gagorik or
Alice Kawaha at 961-8288.
Sincerely,
,(VIRGITTIA GOLDSTEIN
/v' Planning Director
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Attachment
cc w/Itr: ~OUnty Council
Planning Commission
West Hawau Office
Subdivision 7077
MOOERS ENTERPRISES
P.O. BOx 1 1 O 1
KAMUELA, HAWAII 96743
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January 15, 1999 ! : ,
CUL ~
Ms. Virginia Goldstein
Director
Planning Department
County of Hawaii
25 Aupuni Street
Hilo, Hawaii 96720
Re: Change of Zone Application (REZ 97-19)
Request: A-Sa to RA-2a
Applicants: De William and Patricia Begin
Tas Map Key: (3) 6-2-9:25
Dear Ms. Goldstein:
The above application was processed and approved as ordinance No. 98-72 with the effective date of July 2, 1998.
Condition "I" contains language that the Council has been imposing on all change of zones of late. "Restrictive
covenants in the deeds of al! ojthe proposed residential lots within the subject property shall prohibit the
construction aja second dwelling unit on each IoL"
When the application was filed on behalf of Dr. Bergin, the maps and all exhibits clearly indicate that there were
two dwelling units existing on lot "B", identified as a house and guest house. Both of these structures were
properly permitted and are part of the record for the hearings on this change of zone request When Dr. Bergin
submitted his subdivision application for the parcel, there was some question from your subdivision review staff
regarding the compliance with condition "P'. At that time you and members of your staff that were involved in the
change of zone application review and the public hearings clarified to your subdivision staff that condition "I"
applied to the new lot that was created and there was no intent to invalidate previous Planning Department actions
that permitted the existing structures or to require the applicant to reconfigure the lot differently from the rezoning
exhibit that clearly depicts lot "B" as having two dwelling units.
There again appears to be some confusion amongst your staff. At [his time, Dr. Bergin would like a letter from you
[hat explains the history of this application and verifies that lot "B" is in compliance as the structures existed at the
time of the change of zone. Dr. Bergin,hopes this will avoid any potential problems in the future.
Should you or your staff require any additional information or wish [o discuss this matter further, please contact me
directly. Thank you for your prompt reply to this request.
Sinc ly,
Grey
R. Mocers
Presi nt
GRM;IY
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PHONE: (808) 8856839
FAX: (808) 885-1 574
EMAIL: GMOOERS@IBM.NET
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