2003-02-21 tkamuela - Laserfiche WebLink

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GALDONES:Could you please state your name and your resident address, and you may begin with your testimony. WILSON:My name is Tom Wilson. I live at 2106 Kaiwiki Road, Hilo, Hawaii. We are the owners, my wife and I, of another lot within this subdivision on which we have raised cattle ever since we purchased our property in 1997, and we continue to do so. We, basically, agree with the Hearings OfficerÓs conclusion that the application should be denied, and we take exception with some of the Findings of Fact and Conclusions of Law, and we have submitted our own proposed Findings of Fact and Conclusions of Law. Basically, we agree with everything -. We and the County agree on these issues, all except for one issue, and thatÓs whether or not there is a one-half acre exception. The County agrees that the land is to be used for agricultural purposes only. Four-and-a-half acres, Chris Yuen says. He said the other half-acre, a guy can have a house. I guess, maybe, a house is a non-ag purpose. Where his argument fails is that the house here is a defined farm dwelling. ThatÓs the term that was defined in the State law, it was defined in the County ordinances, itÓs defined in the Ordinance 889 that applied to this property, and itÓs in the covenants. ThatÓs the only place we part ways on the issue, as to whether or not thereÓs an exemption for half-an-acre. He agrees that everything else has to be a defined agricultural use. He takes the maximum limit, the maximum on a property that can be u say, well, thatÓs maybe a non-agricultural use. We disagree with that. Very honestly, we donÓt think itÓs right. There is no definitive or final determination in the RTÓs case. That case is up on appeal relative to the Ordinance 889. The issue relative to the importance or the impact of the private covenants on that decision is just now in the process of being litigated at the Third Circuit level and will continue to be so. And we donÓt think that a church is any different than, I donÓt want to make it, draw a comparison or equality but, the commercial junkyard which has been operating there. ItÓs not an agricultural activity. The Applicant has agreed that that doesnÓt meet the definition of an agricultural activity. ItÓs not a farm dwelling, which is a term very closely defined by all the authorities, and itÓs not just sort of a broad term. We would ask you to consider the effect of perhaps granting something like this on the contract rights or the covenant rights of all of the parties, all of the landowners within that subdivision. When you do something that basically contravenes the purpose of the private contractual covenants that relate between, to establish the relationship between the parties, we donÓt think itÓs proper or good use of the power. We also ask you to consider the impact that this proposed use might have on the Kauakea Community Association. Their efforts to try and maintain a road that has been overly worked is in horrible condition because of misuse by previous pe 18