what can go in the lot setbacks?

[John S. Rabi]

Jay, you can't be serious! (And your builder is either stupid or taking you on a ride.) It doesn't matter if it's post & pier or slab. Your house can not be in the setbacks and the roof of your house is part of your house. You might want to call Tony Vicar, he built a house for himself and the eaves were encroaching. He applied for a variance and it was denied. He had to get two cranes to move the WHOLE house! (It was on Pomaikai in Leilani Estates.) You guys might be thinking of the "de minimus"(?) rule which is an automatic encroachment violation approval and became a law two(?) years ago. I recently represented a buyer who was buying a house with a swimming pool encroaching into the setbacks. It took six months and thousands of $ to get a varience. It's a serious thing.

Aloha,
John S. Rabi, ABR,CM,CRB,FHS,RB
http://www.JohnRabi.com
Typically Tropical Properties
"The Next Level of Service!"

[missydog1]

Hawaii County Code:
Section 25-4-44. Permitted projections into yards and open spaces.

(a) Except as may otherwise be restricted, roof overhangs, eaves, sunshades, sills, frames, beam ends,
cornices, canopies, porches, balconies, terraces, fire escapes, stairs, ramps, above-grade pools and other
similar features may extend four feet into any required yard or open space that is less than ten feet, five
feet when required yard or space is from ten up to fifteen feet, and six feet when required yard is over
fifteen feet; provided that:

§ 25-4-44 HAWAI‘I COUNTY CODE
25-38
(1) No cornice, canopy, eave, porch, balcony, terrace, fire escape, stair, ramp or other similar feature
shall be enclosed above or below the extension except that there may be individual posts or beams
for support and open or grill-type railings no higher than four feet.

(2) No chimney may extend more than two feet into any yard.

(3) No above-grade pool may extend into any required front, side or rear yard if the pool is over six feet
in height.
(b) The extensions permitted in this section apply separately to each building.

Section 25-4-45. Projection of porte-cocheres.
An attractively designed porte-cochere may extend any distance into a front yard as a protection for
arriving motorists and pedestrians.

Section 25-4-46. Projection of pools.
A pool constructed at-grade may extend any distance into a required yard or open space.

http://co.hawaii.hi.us/countycode/chapter25.pdf

[lquade]

thanks for info everyone.. i know my carport eaves extend into the easement, the inspector measured the wall of the carport in 3 places and signed it off, but that was several years ago. i was thinking of putting a septic in on the next lot and have a rubbermaid shed and stuff along the fense and didnt know if they would make me move that... the only "encrochment" would be with my home next door(i own both) but it seems from what i read here, it is the health dept you deal with for septic and not the building department? mahalo

[John S. Rabi]

You have to have a Civil Engineer drawing and approving your your cesspool/septic system and he will submit it to the Health Department. Ron Nickel 965-9911 is the one you need to talk to in lower Puna.

Aloha,
John S. Rabi, ABR,CM,CRB,FHS,RB
http://www.JohnRabi.com
Typically Tropical Properties
"The Next Level of Service!"

[Kapohocat]

Call Jonathon at Planning Dept 961-8288. Planning controls the regulations of setbacks, not Bldg Dept.

These are projects that I personally have been involved with that planning has approved:

uncovered lanai in setback to 5' of property line (kapoho)

Roof eaves in setback to 4' of property line (kona)

2' 8" of eaves into setback (kapoho)

Septic 10' from property line and 5' into setback (Kaumana)

Eave and concrete walkway in setback 3'

When in doubt, I call Jonathon directly/specifically.

Catherine Dumond
Blue Water Project Management
808 217-7578
http://bluewaterpm.125mb.com/index.html
"We help make building your dream home a reality"


Edited by - kapohocat on 10/09/2007 13:33:08

[Tahunatics]

Yes the planning department has some brilliant people there. Look at this weekends article:

http://the.honoluluadvertiser.com/articl...49721.html

[Rob Tucker]

If the facts are critical to your plans I suggest you contact the Planning Department in writing and get a response to your question in writing.

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