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Home My WebLink About2018-12-06 Hearing Transcript - Miroslav Neskovic REZ 18-229WINDWARD PLANNING COMMISSION COUNTY OF HAWAII HEARING TRANSCRIPT DECEMBER 6, 2018 A regularly advertised hearing on the application of MIROSLAV NESKOVIC (REZ 18-000229) was called to order at 9:01 a.m. in the County of Hawaii Aupuni Center Conference Room, 101 Pauahi Street, Hilo, Hawaii with Chairman Joseph Clarkson presiding. COMMISSIONERS PRESENT: Gilbert Aguinaldo, Joseph Clarkson, Donald Ikeda, Thomas Raffipiy, John Replogle. ABSENT & EXCUSED: Donn Dela Cruz. ALSO PRESENT: Michael Yee (Planning Director), Malia Hall (Deputy Corporation Counsel for the Windward Planning Commission), Jeff Darrow (Planning Program Manager), Christian Kay (Planner), Melissa Dacayanan (Planning Commission Support Technician), and Sarah Hata-Finley (Commission Secretary). And 6 members from the public in attendance. APPLICANT: MIROSLAV NESKOVIC (REZ 18-000229) Application for a Change of Zone from Single -Family Residential -15,000 square feet (RS -15) to a Single -Family Residential -10,000 square feet (RS -10) zoning district for approximately 23,538 square feet of land. The subject property is located at 69 Nalani Street, approximately 663 feet south of its intersection with Haihai Street, Waiakea Homesteads 1st Series, Waiakea, South Hilo, Hawaii, TMK: (3) 2-4-021:059. CLARKSON: And with that, we'll proceed with the first item on today's agenda which is an application from Miroslav Neskovic, a rezone application. Christian, please? KAY: Yes, thank you, Mr. Chair. Good morning, Members of the Planning Commission. It's good to see you. The first application is a Change of Zone. The subject parcel filled in, in red is located in the South Hilo District of Hawaii County; more specifically, in the Waiakea Homesteads area. For reference, we've got Haihai Street running generally east -west through the slide. The Hilo Municipal Golf Course located here to the north and then I'll just move forward—the Applicant is requesting a Change of Zone from a Single -Family Residential – 15,000 square foot designation to a Single -Family Residential – 10,000 square feet designation to create a 2 -lot subdivision. There is an existing dilapidated single-family dwelling on the property that will be demolished, and a new single-family dwelling will be built on each of the proposed lots. The County zoning for the, much of the surrounding area is that RS -15. There is a parcel directly adjacent to the north of the subject parcel that was zoned to RS -10 in 1991, and they EXHIBIT A similarly subdivided the lot into two. Other zoning in the area is Open to be consistent with the golf course, and again for reference, Haihai Street is running east -west through the slide, and Nalani Street is where the subject parcel is located. The State Land Use designation for the subject parcel and the surrounding area is Urban. The General Plan designation for the subject parcel and surrounding area is Low Density Urban as indicated in the mustard yellow color. Here's an aerial photograph of the subject parcel. Again, you can see the existing dwelling on the parcel that is going to be removed from the property, and again, the property to the north, it was rezoned in 1991 showing two single-family dwellings on each of the resultant lots. And, here's the Applicant's submitted site plan. We've got Nalani Street running north -south through the slide, and the two -lot subdivision indicating the dwelling on each lot. Here's a photo of the site from across Nalani Street. You can see the existing dilapidated dwelling that will be removed, and here are some views of Nalani Street. Looking south on the upper left, the subject parcel is on the left-hand side, and then looking north on Nalani Street, the subject parcel is located on the right-hand side. The Planning Director is recommending to forward a favorable recommendation to the County Council for the Change of Zone with conditions. With that and my presentation, I am happy to answer any questions the Commission may have. RAFFIPIY: I have a question. KAY: Yes, sir. RAFFIPIY: Can you, can you go back to the aerial view of the property? KAY: Mm-hmm. RAFFIPIY: Right there. What is that to the—what is that, is that the north to my right? I mean, that's the north, yeah? Right there. What is that brown, that looks like someno, on that property, the parcel that we're looking at. That, that parcel within the red. KAY: Oh yes, okay. RAFFIPIY: Right there. What is that? Is that it's not a riverbed or anything? KAY: I don't believe so. We didn't identify any riverbed. That may just be a depression in the topography. I can have the Applicant address that when he comes up. RAFFIPIY: Okay, thank you. CLARKSON: I also have a question, and it has to do with the driveway design. I noticed that the Fire Department normally requires a 20 -foot width, but in certain circumstances, a 15 -foot EXHIBIT A 2 width is okay. This is a proposed 15 -foot width, but does the design of the driveway for the two houses pass muster with the Fire Department because I know there's some turnaround issues and that sort of thing. KAY: Yeah, that will all take place in the Building Permit process in terms of the requirement, or if it needs to be wider, then they'll have to account for that. CLARKSON: Okay, so that doesn't have to be decided now. KAY: That's correct. CLARKSON: Okay. If there are no more questions, I'll ask the Applicant or their representative to please come forward. Please take a seat, yes, and when you speak, please use the microphone, and first we're going to swear you in. Would you please raise your right hand? Do you swear or affirm to tell the truth on this matter before the Planning Commission today? NESKOVIC: I do. CLARKSON: Please introduce yourself and then proceed to tell us what you wish to tell us. NESKOVIC: Sure. Good morning, everybody. My name is Miro Neskovic. We—we are, me and my best friend, are partners here on this property. We purchased property about six months ago and planning to build two homes so we can both live next to each other. We notice that depression. I'm not really sure. It looked like somebody was doing the yardwork and just kind of putting some dirt there and trees and mulch and stuff, but it did not, it's not the depression. There is a downslope going towards the house, neighboring property, but it's very minimal there. I'm not really sure what other questions you guys have, but we can tackle those now if you have anything. CLARKSON: Any questions from the Commission for the Applicant? I don't have any. Oh yes, I'm sorry, have you read the conditions that would go with any favorable recommendation, and do you approve of them? NESKOVIC: Yes. I'm okay with those. CLARKSON: Okay, thank you. If there are no further questions, thank you. Please be seated. NESKOVIC: Thank you. CLARKSON: And, there being no members of the public wishing to testify on this matter, I'll ask the Commission for a motion that public testimony be closed. REPLOGLE: I move that public testimony be closed. IKEDA: Second. EXHIBIT A 3 CLARKSON: It's been moved and seconded that public testimony be closed. All those in favor? COMMISSIONERS: Aye. CLARKSON: Opposed? Motion carries. Public testimony is closed. At this time, I'd like a motion for action on this matter. REPLOGLE: I move that a favorable recommendation be forwarded to the County Council on the application for a zone change, Docket No. REZ 18-[0]00229 based on the Planning Director's recommendation and proposed amended [sic] conditions which shall be adopted. IKEDA: Second. CLARKSON: It's been moved and seconded. Would the staff please poll the Commission? KAY: Yes, thank you, Mr. Chair. Commissioner Replogle? REPLOGLE: Aye. KAY: Commissioner Ikeda? IKEDA: Aye. KAY: Commissioner Aguinaldo? AGUINALDO: Aye. KAY: Commissioner Raffipiy? RAFFIPIY: Aye. KAY: And Chair Clarkson. CLARKSON: Aye. KAY: Thank you, Mr. Chair. The motion carries five, nothing. CLARKSON: You'll be notified in writing very shortly about the action today. NESKOVIC (from audience): Thank you. CLARKSON: You're welcome. EXHIBIT A 4 The discussion ended at 9:10 a.m. Respectfully submitted, Sarah Y. Hata-Finley, Secretary Windward Planning Commission EXHIBIT A