2003-01-17 Planning Commission Minutes

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SPECIAL PERMITThe Commission took this item up at 10:50 a.m. with ROBERT & RUBY E.approximately 7 people from the public in attendance. KOBAYASHI KEAÒAU, PUNA APPLICANTS: ROBERT & RUBY E. KOBAYASHI (SPP 02-042) - Application for a Special Permit to establish an auto repair shop on approximately 3,500 square foot portion of 1.04 acres of land situated in the State Land Use Agricultural District. The property is located in Orchidland Estates Subdivision at the northwest corner of KeaÒau-Phoa Road and Ilima Street intersection, KeaÒau, Puna, HawaiÒi, TMK: 1-6-9: Portion of 166. Ms. Gagorik oriented the Commission and public of the subject and surrounding properties on the location map and site plan, summarized the request, and noted the Planning Director recommended approval of the application for five years with conditions, or until such time commercial lands become available within the subdivision. Mr. Yuen clarified his recommendation. He said (1) if there are no new light industrially zoned properties available in the Paradise Park or Orchidland Subdivisions at the end of five years the permit will terminate, unless the applicant receives a time extension; and (2) if a light industrial area does open up then the applicant would relocate within a reasonable time period of time. He said as special permits are an exception, the Planning Department encourages light industrial uses to go to zoned locations; however, currently there are no zoned locations in the near vicinity. For Commissioner KubotaÓs information, Ms. Gagorik pointed out on the location map the residences of surrounding property owners objecting to the application and noted that the applicant has removed the cars parked along the roadway due to the complaints filed. Commissioner Giffin amended the Background Report, page 1, first line, to state that the request is to legitimize an existing use. Commissioner Togashi commented that by having businesses widely dispersed competing businesses may survive but by having them centralized in one location or a designated area, it becomes a survival of the fitness situation and may be thwarting competition. In response to Commissioner TogashiÓs comments, Mr. Yuen said th faced with either allowing people to establish a business anywhere in the subdivision which is not consistent with the basic idea of zoning, noting quite often neighbors object to having such businesses as a repair shop located next door to them. He said the Planning Department is dealing with the legacy of some decisions that were made a long time ago where all these areas were subdivided into many, many lots with quite a large population and almost no zoned areas for small businesses to operate to provide basic kinds of services. He said rather than deny all special permits and force everybody to 4