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Permits being located anywhere. It wanted to focus these in areas that were identified mainly in
<br /> the General Plan and the, more specifically, in the community development plan.
<br /> RAFFIPIY: Thank you very much, Jeff. Any other questions from the—or does Zendo have
<br /> something to say?
<br /> KERN: Mr. Chair, yeah, it might be helpful if some dialog maybe in between this so that it'd be,
<br /> that'd be great. So, the one, the challenge that came up with the home occupation, where this
<br /> kind of falls underneath—it's the sequencing of permits. So, in order for them to be able to have
<br /> a separate area, commercial space to operate which is important for massage and chiropractic
<br /> work, it needs to be a separate space, there wouldn't be able or allowed to get a permit for the
<br /> second home. Thus, we're coming in now asking for permission.
<br /> The other way that would probably occur is somebody would apply for an additional farm
<br /> dwelling, but they'd have to be doing ag and Orchidland isn't a very good place to do ag, so this,
<br /> and under most circumstances I think this would fall underneath a home use, occupation, but the
<br /> way the rules are it doesn't really work. The situation that we've gotten over many a times about
<br /> the applicant's building a home, living in it, and then building their primary home and converting
<br /> the existing, the front house, to commercial, and the fact that they have to make sure its up to
<br /> Code and that's a problem is honestly baffling to me. We've gone back and forth on this. The
<br /> Applicant is fully aware that they are taking the responsibility. If the Code changes in two years,
<br /> they'll have to make changes to it. We have letters of response that were completely, completely
<br /> aware, and to say that it isn't a good idea for that reason is honestly a little bit, it's a little
<br /> overreaching in that regard. We could talk community development plan, etcetera, and " " I
<br /> don't think this CDP helps us very much, and I think it needs some work.
<br /> But, let's talk about precedence for a moment. When I sat on the Commissioner, and
<br /> Commissioner Au sat on the Commission, we approved things in Puna on a case-by-case basis,
<br /> and when they we rarely supported, for these very reasons. You look down the street from here,
<br /> there's a car service there on the corner of this street. They do safety checks, servicing. Down
<br /> HPP, there is a convenience store. There's other car servicing places. Ainaloa Boulevard had a
<br /> convenience store approved there. So, if you wanna talk precedence, precedence has already
<br /> been set. I think it comes down to a Special Permit on a case-by-case basis—does this make
<br /> sense? Then, you look at a church. Church isn't necessarily defined as commercial, but it does
<br /> generate a lot of activity. Where do you draw the line between community service for health and
<br /> the church? I know there is a line drawn there, but they, but it's slightly gray. This would be a
<br /> different story if this was a store selling products, selling shirts. I don't think this is going to be a
<br /> place that's going to have a huge signage and we're going to draw people in from the highway.
<br /> These people come, their clients come on a, you know, by appointment. So, it's very, very, very,
<br /> very similar to home use, home occupation. It's just how do you get that separation to have, you
<br /> know, the sequencing of the permits.
<br /> That's all. Thank you.
<br /> RAFFIPIY: Thank you very much. Thank you. Any other questions from the Commission? I
<br /> don't see anyI don't hear anything.
<br /> EXHIBIT A
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