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2003-02-21 tkamuela
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2003-02-21 tkamuela
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allowed them to go back and re-calculate and re-draw it and come back to the hearing, <br />which we did. And then, again, we were back at one-half acre just for the church, not <br />counting the houses. But at least the church was down to one-half acre. Then there was <br />more questions about exactly what were the dimensions. So they <br />re-submit another set of drawings. And the hearing was closed, though, but they <br />submitted new drawings. And in response to those drawings is when we submitted <br />Rodney NakanoÓs Declaration. Because he had a, he calculated in accordance with the <br />way the department would be including the roof eaves, which they did not and so forth, <br />and he came up with his calculations. And they clearly state that the church itself would <br />take up half-an-acre, and that the other dwellings and driveway that are currently existing <br />are, is additional acreage; and Mrs. Kubota questioned that. That would be an additional <br />few thousand feet. <br />So we do not believe that this application promotes the effectiveness of HRS, Chapter <br />205 because, simply because it is not in conformity with the ord <br />promote agricultural use by having that much of the property taken up with non- <br />agricultural purposes. Therefore, we ask that you adopt the Hearings OfficerÓs report and <br />deny the request for the permit. <br />GALDONES:Thank you, Ms. OÓToole. Commissioners? Commissioner <br />Kubota? <br />KUBOTA:This is a question for both Pat and Mr. Figueiroa. You referred to, <br />in your presentation, you referred to something -. I followed you all the way except at <br />this 50 percent in ag use area and then itÓs deemed to be in conformance with the use of <br />the ordinance, is I thought what you said. Now 50 percent and half-an-acre out of a <br />5-acre lot is quite a discrepancy there. Can you, both of you, explain to me what this <br />50 percent represents and how you interpret it to be in conformance and how the County <br />says itÓs not? I get kind of confused over there. And IÓll start with you, perhaps. Is that <br />all right? <br />GALDONES:Mr. Figueiroa? <br />FIGUEIROA:Yes. I believe if you look at the ordinance, Ordinance 889, they <br />put it, they made the definition when they were giving approval to subdivide this entire <br />subject of the rezoning into two phases. But as was testified during the hearing, actually, <br />it all went at one time. And, so, they put a condition on the first phase, on the second <br />phase, whereby you couldnÓt subdivide the second phase until it met the definition on the <br />front part of the property, met the definition of what would be considered agricultural <br />use. And thatÓs where it is defined that it would be deemed agriculturally appropriate if <br />they used a minimum of 50 percent of the lot in agricultural act <br />But, you know, they went even further than that. They said, unless, it could be even less <br />than 50 percent if you engage in agricultural activity that provided income that would be <br />equal to what you would have in 50 percent of the lot, if you could do it on less. ThatÓs <br />what the ordinance says. <br />16 <br /> <br />
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