2021-06-16 Leeward Planning Commission Minutes

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The hearing ended at 12:11 p.m. [SEE HEARING TRANSCRIPT EXHIBIT Q Chairman Vitousek called a recess at 12:11 p.m. He called the meeting back to order at 1:00 P.M. 2. APPLICANT: JEKATERINA MYSIN (SMA 21-000078) Application for Special Management Area Use Permit to construct a six (6) unit, five (5) story condominium and related improvements on a 9,934 square foot lot situated within the Special Management Area. The subject property is located at 75-6150 Alii Drive, approximately 0.25 miles north of Royal Poinciana Drive, Puapua`a 2nd, North Kona, Hawaii, TMK: (3) 7-5-020:066. The Commission took up this item at 1:00 p.m. Planning Director Kern recused himself from this item. The Commission considered a petition for standing in a contested case hearing filed by George Smith. Action: It was moved by Commissioner Van Pernis and seconded by Commissioner Yates that standing be granted to George Smith. A roll call vote was taken, and the motion carried with five ayes (Van Pernis, Yates, DeFranco, Kanuha, and Vitousek) and no noes. The Commission considered a petition for standing in a contested case hearing filed by Jeffrey William Silva. Action: It was moved by Commissioner DeFranco and seconded by Commissioner Yates that standing be granted to Jeffrey William Silva. A roll call vote was taken, and the motion carried with five ayes (DeFranco, Yates, Kanuha, Van Pernis, and Vitousek) and no noes. The Commission considered a petition for standing in a contested case hearing filed by Nancye Capri. Action: It was moved by Commissioner DeFranco and seconded by Commissioner Yates that standing be granted to Nancye Capri. A roll call vote was taken, and the motion carried with five ayes (DeFranco, Yates, Kanuha, Van Pernis, and Vitousek) and no noes. The Commission discussed and voted on who would conduct the contested case hearing. Action: It was moved by Commissioner Yates and seconded by Commissioner Kanuha that the Commission as a whole conduct the contested case hearing. Commissioner DeFranco moved to amend the motion that the Commission hire a hearings officer to conduct the contested case hearing. Commissioner Yates seconded the subsidiary motion. A roll call vote on the subsidiary motion was taken, and the subsidiary motion carried with four ayes (DeFranco, Yates, Kanuha, and Vitousek), no noes, and one abstention (Van Pernis). A roll call vote on the main motion as amended was taken, and the motion carried with four ayes (Yates, Kanuha, DeFranco, and Vitousek), no noes, and one abstention (Van Pernis). 3 Leeward Planning Commission June 16,2021,Meeting Minutes