2005-04-22 tHuggett (fka Soto SMA 03-007)2

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conditionally accepted on May of 2003. It is an SMA use permit for 3-1/2 story building, 45 feet in height and consists of 12 multiple family residential units. The first public hearing on this particular request was held on August 1, 2003 and at that time there was a Petition for Standing that was requested by the Association of Apartment Owners of Sea Village Inc. That Petition was granted by the Planning Commission. Subsequently, the Association withdrew its request for standing in this particular Petition. They indicated that there were several issues that they have worked out or tried to resolve with the Applicant at that particular time and had withdrawn his Petition for Standing. Again the deadline for filing of Petition for Standing based on the Planning Commission Rule Number 4, Section 4-7A states that a Petition for Standing shall be filed 7 days prior to the first public hearing and that date was the first public hearing was August st 1, 2003. Besides the August 1 hearing there were 4 other hearing dates that- hearings held on this particular application. August 1, 2003, September 11, 2003, October 2, 2003, November 7, 2003 and January 30, 2004. Some of the issues that were raised at these hearings included the adequacy of the driveway access. There was representation by one of the residence of Kona that there was a gravesite on that particular property. Also concern relative to the 20-foot shoreline setback requirement for this particular property as well as concern regarding the obstruction of view from the adjoining property for the residence of the Kona Sea Village Condominium project. Now Mr. Huggett had purchased the property from Mr. Soto on July 26, 2004. On October 28, 2004 we received a letter from Mr. Huggett informing that they will continue with the application and the submittals by Mr. Soto. So basically the project remains the same based on the representation by the previous applicant Mr. Soto. On January 14, 2005 we received a letter from Mr. Greg Mooers who represents the Applicant, transmitting a letter from Vacation Internationale Inc. signed by Landon Estep, Secretary and General Counsel for Vacation Internationale indicating that the adjacent property owner Vacation Internationale intends to grant a minimum 4 foot easement for vehicular access to Mr. Huggett for both, excuse me, both for vehicular access and utilities. That would increase the current driveway, the width of that property from 16 to 20 feet. We did receive 5 requests late filing for Petition for Standing and all of you have copies of those correspondences. We informed these individuals that the filing deadline was back in August of 2003 and we had returned or its in the mail being returned as far as the check that they had submitted. These individuals include Charles Buscemi who submitted only a check with no Petition. Lowell Zimmerman, both Petition and check were received. Jack and Kelly Armstrong, check was received but no Petition for Standing. Mark and Kim Spangler who submitted a Petition and the check and Brian Haney who submitted the Petition and check- the filing fee. All of these individual are in the process of being notified or have been already notified that the filing deadline has passed. Are there any questions? As far as Staff, the Department is recommending that we grant this application and all of you have copies of the Planning Directors recommendation. Are there any questions? GALDONES:Commissioners any questions of Norman? I would like first to address the application itself and then having set that aside if you folks are clear no further questions then I would like to address the Contested Case applications. Any questions of Norman on the application? Commissioner Springer? SPRINGER:Norman are a number of those questions that were raised from the public taken up under Condition 2 with regard to the final Plan Approval by the Planning Director? 2 EXHIBIT B