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