2020-02-20 Leeward Exh E (SMA 19-074 & SPP 19-210)

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Okay, here are some photos of the site. Upper left and upper right are just photos looking mauka at the existing dwelling, proposed residential ashram facility. You can see here the yoga deck that they are requesting an as-built permit for, and within this portion of the dwelling is a worship shrine area as well that meditation is practiced. This is from the backside looking makai, and the backside of the dwelling shows an existing parking area that's provided. Upper left in this series of photos is the existing unpermitted additional farm pardon me [malfunction of the projector], come on, Technology, you can do it, okay, thank youso, upper left is the existing additional farm dwelling that is in the process of being demolished. This is the gazebo shrine structure. These are kind of just general areas that were indicated as where the new temple structure is proposed to be built. Here are just some photos of Sea View Circle. The top photos are from Sea View Circle looking toward the subject property, which is here, and this is from within the subject property looking out at Sea View Circle. Here is looking at Sea View Circle from the gate, and then up another portion of Sea View Circle that comes from the highway. The Planning Director is recommending approval of the requests with conditions. With that, I'm happy to answer any questions that Commission may have. CARR SMITH: Thank you. Mr. Van Pernis. VAN PERNIS: I have, I guess three questions. First, my understanding is that this property has been in violation of the land use laws of the County for approximately 20 years. If that's correct, what is the penalty for that violation? Is there generally one? Because they have been caught in this violation. KAY: So our philosophy on violations is generally complaint-driven. The warning letter that we issued to the applicant was based on a complaint; we had inspectors that went out, did an investigation and filed a warning letter. And our philosophy on enforcement in these cases is to try to bring the folks into compliance. So in this case, compliance was to get a Special Permit and a Special Management Area Use Permit so that they could operate in a legal manner. VAN PERNIS: So generally speaking, there is no penalty for a 20-year violation. KAY: That's correct, we go for trying to bring people into compliance first. VAN PERNIS: Secondly, the applicant, I assume, correct me if I'm wrong, can live and host on the premises during the time they come into compliance with the approval and conditions. KAY: Yes, I mean that the structure is currently permitted as a single-family dwelling. VAN PERNIS: It's just they can't run any public functions until they come into compliance. KAY: That is correct. 5 EXHIBIT E