2003-02-21 tkamuela - Laserfiche WebLink

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neighbors. We tried to locate this use as far away as possible from the other neighbors. If you notice, itÓs the farthest part of the property from the neighbors. So, you know, IÓm sure when, if we are able to do this, if we ar approved, weÓre able to put up the project, when the Wilsons finally decide to move into this community, I think theyÓll find what I found out 40 years ago. ItÓs a community that cares and goes out of its way to be hospitable, and that use would be a real asset to the community. But we know that the Commission must look at the facts presented, so we earnestly request your approval of this request by the Kamuela Congregation of JehovahÓs Witnesses. Because we believe that approval of the Special Permit will be consistent with law and the facts presented to you. So weÓd like to thank you for your kind consideration, your patience, in being willing to listen to our request. GALDONES:Thank you, Mr. Figueiroa. Commissioners, are there any questions of Mr. Figueiroa? Hearing none, maÓam? State your name and your resident address and you may begin your testimony. OÓTOOLE:Patricia OÓToole, 1675 Oneawa Way, Hilo. IÓm representi Planning Director. We are in agreement with the report from the Hearings Officer. This was the position that we had taken and I believe that the Commission had taken, also, in the prior RT Towing Special Permit. And that is that the, you know, the Director has to enforce State and County laws and we have a Special Permit process, which is set out in Statute. We have the County zoning authority which is also set out in Statute. So we have to reconcile the Zoning Code and Ordinance 889, specifically, which talks about these five properties, these 5-acre lots. And the language that we believe indicates that a Special Permit could be applied for on one-half acre is that the ordinance says that one- half acre can be used for dwelling purposes. All of the rest of the acreage should be used for agricultural purposes. Now what we have here is a 5-acre lot on which there is no agricultural use currently, we admit that, and in which there are two structures. Now, one is a dwelling and one is either a garage or storage structure. I think the point is not whether or not there is ag currently going on but that this property has been recognized as being suitable for agricultural use. The soils are prime or fair and, therefore, they potentially can be used. It is a County policy to preserve and protect, as well as a State policy to preserve and protect, agricultural uses. I think the more you allow building on that property with no ag use, then you are, in effect, removing that potential. IÓm a little confused by the calculations that Mr. Figueiroa tal through this hearing, the application, the written application stated that their church would be using one-half acre. During the course of the hearing, the maps and drawings that they brought in clearly showed it was more than one-half acre. The Hearings Officer 15