Overhang in setback

[joeframer]

Does someone know the rule about how far the over hang of a house can stick into the setback? Ive seen something about this on puna web but couldnt find it now.

[Carey]

This thread on setbacks also had some additional links that might be helpful:
http://www.punaweb.org/Forum/topic.asp?TOPIC_ID=10412

[joeframer]

Thanks Carey, That is just what i was looking For.

[Dennis]

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

[KeaauRich]

Joaquin is an *extremely* helpful guy - he was a lifesaver for us when we moved here and had questions. I hope his boss reads this forum!

[Kapohocat]

Joaquin is incredibly helpful as are many of the people in Planning Dept and his boss in case you want to let her know that is Bobbie Jean Leithead-Todd.

[Kapohocat]

I also learned something else about the setbacks recently. If it was built before 1967 - the setbacks do not apply if you can prove it is that old. One way I was told is if there is a bathroom, to look at the toilet tank (and if it hasnt been replaced), there is a year on it. They are using some of these things / pictures too as proof it is prior to setbacks being enacted.

-Cat

[Seeb]

slightly off topic, whats the the size of a shed you can build without a permit. i seem to remember 100sqf but i can find the code section