2010-08-12 Windward Planning Commission Minutes

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taken and motion carried with five ayes (Domingo, Kern, Au, Ono and Woodward) and one absent and excused (Ishibashi). The Commission took up the following item at 9:31 a.m. with 5 people from the public in attendance. APPLICANT: YUKO ISHIKAWA (SPP 10-103) Special Permit to allow the use of a portion of a proposed 3-bedroom single family dwelling as an artist studio (photo studio with digital photography production workspace). The property, consisting of 12,000 square feet within the State Land Use Agricultural District, is situated along Gardenia Drive approximately 550 feet southeast from its intersection with Ainaloa Avenue within Ainaloa Subdivision, Puna, Hawai‘i, TMK: 1-6-073: 031. Ms. Cottle oriented the Commission and public of the subject and surrounding properties on the location map and site plan, circulated some site photos, summarized the request, and noted the Planning Director recommended approval of the application with conditions. Ms. Leithead Todd noted that as the applicant is a Japanese citizen applying for a visa, she is applying for the special permit to show that she is conducting a business and has a means of employment. The applicant, Yuko Ishikawa, said she has read the recommendation of the Director and the conditions were acceptable to her. There was no one from the public wishing to testify on the application. It was moved by Commissioner Kern and seconded by Commissioner Domingo that the application be approved as recommended by the Planning Director with conditions. The Chair suggested the Planning Director consider drafting an ordinance authorizing the Planning Director to allow a use where the impact, if any, is minimal. Commissioner Domingo felt the Director should be given clear direction on the criteria for allowing such uses as he felt there should be checks and balances in allowing the uses. The Chair noted the criteria would be an existing structure in an area 10,000 square feet or less, allowing only the landowner to come on the property, and where there were no hazardous materials involved. Ms. Leithead Todd said the Commission is considering this special permit because the State Land Use Law requires a permit for any nonagricultural use, noting a special permit would not be required if the land was not designated State Land Use Ag and in a residential subdivision as the use would qualify as a home occupation. Ms. Leithead Todd agreed with Commissioner Domingo that State Law would have to be changed to allow such a use without a permit in the State Land Use Ag district. A roll call vote was taken and motion carried with five ayes (Kern, Domingo, Au, Ono, and Woodward) and one absent and excused (Ishibashi). The Commission took up the following item at 9:41 a.m. with 4 people from the public in attendance. 3