2009-07-01 Windward Planning Commission Minutes

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Mr. Darrow said as requested by the Planning Department the applicant has provided the off-site storage location of the cinder to be used for the applicant’s landscaping business and, additionally, the Planning Department has received a petition for standing in a contested case from Chris Harlan, manager of Big Island Concrete and Aggregate LLC and a surrounding property owner. After the Chair’s explanation of the procedures of a contested case, Mr. Harlan withdrew his petition for standing in a contested case and stated he would just like to provide public testimony. The Chair noted his filing fee will be refunded. The applicant, Mark Jernigan, stated he found after he purchased the property that a special permit was required, noting an insurance company refused to give him liability insurance because of the hazardous steep vertical slopes. He said once the property is brought into a safe condition within the industry standards, they will in the future seek mining the property to go below grade. Upon the Chair’s inquiry, Mr. Jernigan said the five-year life of the permit was acceptable and he understood any further quarrying beyond five years would require another permit. Tracy Crain said they have met with the HOVE Association and adjacent property owners and noted they are aware the permit is for five years and currently the applicant will not mine below the deck and make the existing conditions safer. Chris Harlan, owner of a 15-acre quarry two lots away, expressed his concern of setting a precedent of 1-acre quarries in Ocean View. He noted the HOVE side of the property did not look like it was unsafe but felt the other sides needed to be addressed. The Chair clarified for Mr. Harlan that the request is basically to create a safe situation on three sides of the property and there will be a five-year time limit on the life of the permit. He clarified that the applicant at this time cannot quarry below the deck, and any further quarrying is going to require another permit. As far as Mr. Harlan’s concern of setting a precedent for the area, the Chair noted that any other applications will be considered on a case-by-case basis. The Chair added that this request is an unusual case in that it is a one-acre parcel that is adjacent to an existing mining operation, and the applicants are mitigating an unsafe condition, not that they are setting any precedence. For Commissioner Ishibashi’s information, Mr. Harlan clarified that he does not own the adjacent property, although he did mining for that adjacent landowner and some of the banks were existing at that time. Commissioner Ishibashi noted the adjacent landowner could also come in for a special permit, but right now the Commission is just trying to mitigate an unsafe condition on the subject property. It was moved by Commissioner Domingo and seconded by Commissioner Kern that the application be approved as recommended by the Planning Director, with conditions. Commissioner Kern said he normally would not be in favor of quarrying on a one-acre piece of land unless it’s a very special use, however he felt this was a safety issue and that the 3