06-13-2010, 11:17 PM
Dear Joe Framer,
Here is an answer to your question about an overhang encroaching a setback. I asked a similar question to Mr. Joaquin Gamiao at the Hawaii County Building Dept., and this was his response:
Dennis,
An open projection (lanai, carport, eaves, etc.) can extend into the set back as much as 4' on the 8' side set-backs and 5' into the 15' front/rear setbacks. A garage, is an enclosed structure and cannot be placed in the set-backs.
A variance is usually approved when the owner can show undue hardship in meeting the setbacks. The owner has several options such as attaching the garage, or doing a carport, or reducing the size of the buildings, etc. Generally speaking, a variance would not be granted to allow non-compliance of the Zoning code. On the other hand, if the house was built several years ago and the present owner purchased the house with set-back encroachments and is trying to get the house legal, a variance would be appropriate.
Mahalo,
Joaquin
For your specific needs, I would e-mail him directly, (Joaquin Gamiao [jgamiao@co.hawaii.hi.us]), give him your TMK number and he will respond very quickly to your inquiry. My particular inquiry was for our lot in Nanawale Estates.
Good Luck,
Dennis
Here is an answer to your question about an overhang encroaching a setback. I asked a similar question to Mr. Joaquin Gamiao at the Hawaii County Building Dept., and this was his response:
Dennis,
An open projection (lanai, carport, eaves, etc.) can extend into the set back as much as 4' on the 8' side set-backs and 5' into the 15' front/rear setbacks. A garage, is an enclosed structure and cannot be placed in the set-backs.
A variance is usually approved when the owner can show undue hardship in meeting the setbacks. The owner has several options such as attaching the garage, or doing a carport, or reducing the size of the buildings, etc. Generally speaking, a variance would not be granted to allow non-compliance of the Zoning code. On the other hand, if the house was built several years ago and the present owner purchased the house with set-back encroachments and is trying to get the house legal, a variance would be appropriate.
Mahalo,
Joaquin
For your specific needs, I would e-mail him directly, (Joaquin Gamiao [jgamiao@co.hawaii.hi.us]), give him your TMK number and he will respond very quickly to your inquiry. My particular inquiry was for our lot in Nanawale Estates.
Good Luck,
Dennis