2008-04-18 TPD-WATKINS - Laserfiche WebLink

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the applicants fail to comply with the conditions of approval or has caused any unreasonable interference or nuisance on the surrounding community, the permit may be revoked.” The issues of noncompliance that we are looking at are basically relating to Condition No. 6 of Special Permit No. 1117. This includes using Union Mill Road; we had an incident that we have been able to verify, which occurred after several letters written from the Planning Department to the applicant, stating that if we continue to receive these types of complaints and we validate them, we will refer the matter back to the Commission. We were able to verify that there was a delivery by HPM to the applicants’ property on February 6, 2008. Additionally, the applicant has constructed road improvements on Maluhia Road without meeting the approval of the State Department of Transportation. Just for clarification or to be able to bring to your attention, on the tax maps the access easement that we are looking at -, this is Akoni Pule Highway running in an east-west direction on the bottom of the map. This property is the property that Union Market is located. This is the property that Grant Wilson has been referring to the site of the Kohala Club Hotel. The access easement from the Highway is identified as Easement H, which is 100 feet wide for a distance of approximately 260 feet. From there you’ll see a smaller access easement, which is on the next slide. This is -, from that particular 100-foot access easement, it will proceed from Akoni Pule Highway to Pratt Road. This is identified as an access easement that is 50-foot wide. Within this access area is part of the condition of Condition 6 stating that the applicant shall improve this area with a 20-foot wide compacted gravel surface. Enforcement action that was taken by the Planning Department, a notice of violation was issued on April 4, th 2008, for, as we had spoken earlier, about the access incident that occurred on February 6. Additionally, there was a structure that was built on site without permits. At this time it’s unclear whether or not that structure was located within the SMA or not. If it was, it would require at least an SMA review. Additionally, because this would be the second dwelling structure on the property, it would require an Additional Farm Dwelling Agreement from our office. Additionally, it would require the standard building permits. The Planning Director is recommending, within the recommendation, to give the applicants a period of 6 months to be able to comply with the requirements stated within the March 28, 2006, Department of Transportation comment letter. At that time if the applicants do not comply with this condition, then an enforcement action may be taken to suspend the permits until the improvements are constructed, meeting with the approval of the Department of Transportation. Last, I would just like to bring to your attention several correspondences that we’ve received. This morning we’ve received testimony from Jean Sunderland. Additionally, she has provided an additional topographic map showing a survey of the connection of Akoni Pule Highway to the access easement. We’ve received another letter from the applicant – I don’t see a date on that – but it also had a topographical map of the access easement from the Highway down to Pratt Road; so it kind of shows you the different elevations on that road. We received an updated th comment letter from the Department of Transportation; this is dated April 17. And we’ve received two letters from neighbors of the applicants: one is from Marcus Castaing, this is dated April 18, 2008, additionally Craig Matkin, this is also dated April 18, 2008. I believe that is all the correspondence that we’ve received after this was sent to the Planning Commission. Are there any questions? EXHIBIT B 3