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being breached and that they'll punish whoever breaks them and not let them continue to do that. <br /> Giving this are these entities a nod when they've been admittedly breaking the law would be like <br /> sending a cheating child back into the game with a nod and a kiss and maybe some candy. A <br /> gymnasium again isn't the issue. This is about a blatant and knowing breach of laws written to <br /> protect the public, our local culture, the environment, our economy, and a hope that with the <br /> protections agriculturally viable lands, especially will be able to feed ourselves now and into the <br /> future in a sustainable way. <br /> Land use classification and zoning are some of the most valuable tools we have as a community <br /> to protect our quality of life and I believe strongly that those rules should be enforced unless <br /> there are dire, unforeseen circumstances that make exceptions necessary. This activity and use <br /> do not meet that criteria. Again, I'm confused as to why the landowner didn't clear this up by <br /> going through the proper land use channels before they allowed Kona Aerial Gymnastic Team to <br /> start using their property. After all, Bolton Inc. has been around the development block for <br /> decades. If this planning body is doing its job, it will give this request a flat"no". They should <br /> fine the entity in accordance with the law and sorry to say, as wonderful as the people are they <br /> have breaking the law, and they should be required to abandon the structure immediately, so they <br /> can find a legal place to carry on their business, and I wish them well, but not in this location. <br /> Mahalo. <br /> VITOUSEK: Thank you for your testimony. Moving on to Leah Herbert? <br /> HERBERT: Hi. Hi, my name is Leah Herbert I live in Kona and my almost four-year-old <br /> daughter attends gymnastics each week at Kona Aerial's Gymnastics. I have a bachelor's degree <br /> in elementary and special education and a master's degree in educational technology and I taught <br /> Junior High for eight years. I'm testifying today as a member of the community in support of the <br /> Special Use permit for Kona Aerial's Gymnastics. Enrolling children in gymnastics has many <br /> benefits for our community, especially during the COVID-19 pandemic. Kona Aerial's is the <br /> only gymnastics training facility in Kailua-Kona. There are countless research studies showing <br /> that kids that are involved in extra curriculars earn better grades, have higher self-esteem, and are <br /> less likely to get into trouble. Additionally, Kona Aerial's goes above and beyond to implement <br /> and enforce COVID safety protocols in their open-air facility. Which I just want to loop back <br /> around and kind of point out why this location should have this exception is because in this <br /> emergency time of COVID-19 this facility provides open air which is an extra layer of safety. <br /> So, on top of all of the benefits that we already know exist in involving children in gymnastics <br /> this is also a safe choice. So, I just think that that's a really important thing to consider at this <br /> time. <br /> Personally, I can say that my daughter has really enjoyed attending gymnastics at Kona Aerial's <br /> and it's been a wonderful activity for her, and I feel safe sending her there. Which is why she's <br /> not enrolled in too many activities, or we really don't even have many other choices luckily, she <br /> chooses gymnastics, because it is, it is open air. So, she's inspired watching the older gymnast <br /> practice and is showing dedication already. So, it would be very sad if Kona Aerial's had to <br /> close its door, simply because of a permit issue. So, I do not believe that that choice would be in <br /> the best interest of the community. So, I'm asking that you please vote to approve the Special <br /> Permit for Kona Aerial's Gymnastics today. Thank you. <br /> 4 <br /> EXHIBIT A <br />