County of Hawai‘i - Planning Department - Variance VAR-10-046

Aug 26, 2026

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Letter from the County of Hawai‘i Planning Department dated August 23, 2011 regarding variance VAR-10-046 for property identified as Lot 107 (TMK: 7-5-033:102). Approval is certified subject to conditions, allowing parts of an existing two-story single-family dwelling (including garage, lanai, and deck) to remain despite side-yard setback and attendant open-space shortfalls versus Hawai‘i County Code requirements. The record summarizes zoning background, application timing, building permit history, public notice, objection, and findings that violations were due to a staking error and not visibly perceivable from surrounding areas.

LanguageEnglish

CategoryResearch & Report

FormatPDF

Pages5

Reading Time13 min

AccessFree to download

Planning Department Review

Variance Approval Summary

Background and Findings

Special and Unusual Circumstances

Alternatives

Intent and Purpose

Margaret K.Masunaga Deputy # County of Hawai‘i ## PLANNING DEPARTMENT Aupuni Center·101 Pauahi Stret,Suite 3·Hilo,Hawai i 96720Phone(808)961-8288 ·Fax(808)961-8742 August 23,2011 Mr.Klaus D.ConventzP.O.Box 2308Kailua-Kona,HI 96745-2308 Dear Mr.Conventz: SUBJECT:VARIANCE:VAR-10-046 KLAUS D.CONVENTZ Applicant: Owners: SETH BLUME,ET AL Request:Variance from Chapter 25,Zoning,Article 5,Division 1,Section 25-5-7,Minimum Yards,(a)(2)(B),Section25-5-44 Permitted Projections into yards and openspace requirements,(a) 7-5-033:102(Lot 107) TMK: After reviewing your variance application,the Planning Director certifies the approval ofVAR 10-046,subject to conditions.The variance will allow portion of the existing 2-story single-family dwelling including garage,lanai and deck to remain on Lot 107,witha side yard setback ranging from 8.7 to 9.4 feet and attendant 4.7 feet open space,in lieuof the minimum 10 feet side yard setback and minimum 5 feet attendant open spacerequirement.The variance is from the subject property's minimum side yard and sideyard open space requirements pursuant to the Hawai'i County Code,Chapter 25,ZoningArticle 5,Division 1,Section 25-5-7,Minimum yards,(a)(2)(B),Section 25-5-44,Permitted Projections into yards and Open Space Requirements(a). ## BACKGROUND AND FINDINGS 1.Location.The subject property contains approximately 15,000 square feet in landarea and is situated in the Kailua View Estates,at‘Auhaukea'ē 2,North Kona,Hawai'i.The subject property is zoned Single Family Residential-15,000 square feet (RS-15)by the County and designated Urban(“U”)by the State Land Use Commission (LUC).The property's site address is 75-394 Hoene Street 2.Variance Application.The applicant/owner submitted the variance application,attachments,filing fee,and associated materials on November 29,2010.Thevariance application's site plan map is drawn to scale,and prepared by KKMSurveys and denotes the position of the existing single family home. 3.County Building Records.Hawai'i County Real Property Tax Office recordsindicate that a building permit (895551)was issued on May 4,1989 for theconstruction of a two-story single family dwelling consisting of 3 bedrooms,2-baths. 4.Agency Comments and Requirements. a.The State Department of Health(DOH)memorandum dated December 23,2010(refer to memorandum in variance file). b.No comments were received from the Department of Public Works-BuildingDivision as of this date. 5. Public Notice.The applicant submitted copy of notice sent to surroundingproperty owners,including affidavits,stating notices were mailed to surroundingproperty owners by U.S.P.S.According to these submittals,the first and secondnotice(s)were mailed on November 29,2010 and December 29,2010respectively.Notice of this application was published in the Hawaii TribuneHerald and West Hawaii Today on December 28,2010. 6. Comments from Surrounding Property Owners or Public. a.Objection letter dated December 7,2010 sent by Margo Elliopoulos. ## SPECIAL AND UNUSUAL CIRCUMSTANCES The applicant/owner submitted the variance application to address and/or resolve theencroachments within the property's minimum 10 foot side yard setback and open spacerequirement.The variance application's site plan denotes the location of the as-built 2-story single family residence upon “Lot 107”.The current owners have stated in part:“Owners were unaware of any problems,when“As-built”survey by KKM Surveyconducted on November 18,2010,revealed the setback violations. Mr.Klaus D.ConventzPage 3August 23,2011 No evidence of malice or intent could be substantiated during undersigned's siteinspection;nor would predecessor owner or his contractor have benefited from suchviolation in any way. The encroachments were obviously caused by a staking error,however are ratherminiscule,ranging from 0.60 feet at the Northeast corner to 1.30 feet at the Southeastcorner relative to the required setback,w

FAQs

What variance VAR-10-046 allows for Lot 107?

It allows portions of an existing two-story single-family dwelling to remain despite reduced side-yard setback (from the required 10 feet to 8.7–9.4 feet) and reduced attendant open space (4.7 feet instead of the 5 feet minimum), subject to conditions.

When was the variance application submitted and reviewed?

The variance application and materials were filed on November 29, 2010, and the Planning Director’s approval certification letter is dated August 23, 2011.

What caused the setback and open-space violations?

The findings state there was no substantiated malice or intent, and the encroachments were caused by a staking error, described as small and limited in extent.

Aug 26, 2026

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