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