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PD RECOMMENDATION (SPP-19-212)
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2020-07-02 Windward
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Item #4 Deirdre & Benjamin Imagire (SPP 19-212)
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PD RECOMMENDATION (SPP-19-212)
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Special Permit unless it is found that the proposed use(a)is an unusual and reasonable <br /> use of land situated within the Agricultural District, and(b)the proposed use would <br /> promote the effectiveness and objectives of Chapter 205, Hawaii Revised Statutes, as <br /> amended. <br /> The proposed use is an unusual and reasonable use of land situated within <br /> the State Land Use Agricultural District and would promote the effectiveness and <br /> objectives of the State Land Use Law and Regulations and Chapter 205, HRS, as <br /> amended. In recognizing that lands within agricultural district might not be best suited <br /> for agricultural activities and yet classified as such, and in recognition that certain types <br /> of uses might not be strictly agricultural in nature, yet reasonable in such districts, the <br /> legislature has provided for the Special Permit process to allow certain unusual and <br /> reasonable uses within the Agricultural district. The project site consists of 2 acres <br /> situated within the County's Agricultural (A-1a) zoned district, of which the proposed <br /> permit area is a I-acre portion on the southeastern property line.The proposed permit <br /> area is not currently being used for agricultural purposes. The proposed chiropractic, <br /> acupuncture and massage clinic will not diminish the potential for any future agricultural <br /> activity on the subject property. Therefore, the subject request is considered an unusual <br /> and reasonable use of agricultural land. <br /> The State Land Use Law and Regulations are intended to preserve,protect and <br /> encourage the development of lands for those uses to which they are best suited in the <br /> interest of the public welfare of the people of the State of Hawaii. In the case of the <br /> Agricultural District,the intent is to preserve or keep lands of high agricultural potential <br /> in agricultural use. The property is not classified by the State or County as important or <br /> prime agricultural land. In fact, soils on the property are classified by the Land Study <br /> Bureau's Land Classification System as "E"or"Very Poor"for agricultural productivity. <br /> Therefore,the proposed use will not adversely affect the preservation and agricultural use <br /> of the County's prime agricultural lands, and is not contrary to the objectives sought to be <br /> accomplished by the State Land Use Law and Regulations. <br /> -2- <br />
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