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HomeMy WebLinkAbout2025-03-31 Claudia Rohr Testimony From: Claudia Rohr To: WPCtestimony Subject: Comments calling for amendment,Agenda Item#4,April 3,2025 WPC meeting Date: Monday,March 31,2025 4:37:24 PM Re: PLANNING DIRECTOR INITIATED (PL-PDI-2025-000014) AMENDMENT TO CHAPTER 25, Agenda Item#4. Aloha Chair Danielle and Commissioners- I am not an attorney but I read the Background Report, the relevant laws and the filings in Civil Action No. 1:24-cv-68-DKW-WRP. I allege, RLUIPA and the Fair Housing Act may be better satisfied by adding the following transparent amendment to Section 25-2-51 W of the zoning code, in bold and underlined: Section 25-2-51. Grounds for variance. A variance may only be granted if the following is found: (a) There are special or unusual circumstances applying to the subject real property which exist either to a degree which deprives the owner or applicant of substantial property rights that would otherwise be available, or to a degree which obviously interferes with the best use or manner of development of that property; and (b) There are no other reasonable alternatives that would resolve the difficulty; and (c) The variance is consistent with the general purpose of the district, the intent and purpose of this chapter, and the general plan, and will not be materially detrimental to the public welfare or cause substantial, adverse impact to an area's character or to adjoining properties. "Section 25-4-17 Meeting Facilities. (d) Note: The County of Hawaii Planning Department ma3grant a reasonable modification of the zoning code through a variance under this chapter to protect individuals, houses of worship, and other religious institutions from discrimination in zoning and other regulations concerning land use: and to insure that zoning and other regulations concerning land use are not employed to hinder the residential choices of disabled individuals. I allege, RLUIPA and the Fair Housing Act may be better satisfied by deleting and adding the following amendment to Section 25-4-17 (c) of the zoning code: (c) Note: Under the Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA), 42 U.S.C. §§ 2000cc, et seas, the County of Hawaii Planning Department shall process use permits for Meeting Facilities for religious practices and institutions in the least restrictive wa3possible, 42 U.S.C. § 2000cc(a). See also, Section 25-2-51, Grounds for variance (d), Thank you for your consideration. Claudia Rohr 808-640-5976