PL-SPP-2022-000016 E. Utyro Testimony 01.03.23

Home

that should concern such authorities. Whether its COVID, MonkeyPox or STDs, there seems to be a public interest. 7) As to "C) shall not burden public agencies.." Many in the community require all the noted violations be cleaned up in advance of the permit. The notion that the Applicant can continue to compound violations under the aegis of the Special Use Permit is not acceptable. The simple reason is many do not trust the applicant in any of his various promises. He will just keep growing the business. He emailed some of us neighbors a couple days ago regarding his New Years' "Slumber" party (yes 12/31/2022-just days before the Commission hearing) and we believe he represented falsely that this was a private party for his friends when in fact it was publicly advertised in multiple places at a cost up to like $80 including meals and some communal lodging. Some neighbors have characterized him as lying to their faces about things taking place at subject property. Its difficult for the community to imagine taking his word over the community's after so many violations for so many years which he has avoided accountability for be constantly extending his appeals for years. Arguably he has already burdened public agencies in several ways (violations, dragged out appeals, refusals for inspections) and will only continue to do so as many in the community are determined to resist this application on every front allowable by the county. It also does not remain at all clear whether the proposal is actually viable. There is no report by an engineer and no clear sense that the applicant has the means to make it happen. 8) As to "D) Unusual conditions..." "Alternative health and Wellness" is no longer a niche thing. Frankly the zoning rules should be adjusted. Kalani has been around for decades and this trend will grow and grow and the County needs a workable mechanism that is fair to all parties. This shouldn't be left as a battle to each small community. Soon the Hotel industry will see that people are using these special use permits as a workaround to union employees and full employee benefits. There is really not much to support this claim by the applicant that much is unusual here, at least here in beautiful Hawaii, and that special accommodation should be made with respect the various rules hotels have to abide by EXCEPT being able to locate on agriculturally zoned land. Other specific uses may require special consideration but the substance of what is requested in the application suggests no special accommodation is really needed except being on agricultural land but as it is proposed the applicant gets away with many things that many other people want to do with vacation rentals but cannot. The HER Facebook Page (FB) currently says it is providing short term and long-term housing-"in a community setting"-which means you can have housing if you agree to various community guidelines than don't quite seem legally permissible in terms of housing requirements as it effectively prohibits housing to people of religious beliefs contrary to the "community' standards. But how is that permissible for even 1 more day? Maybe we missed it, but we don't see any approvals for multi-unit residential housing much less the PD addressing this concern that people of certain religious beliefs could be denied housing if they for example don't like the nudity. While the HER community standards may provide certain protections for people who identify as a group, can long term rentals and also employees be denied protection under §712-1217 Open lewdness. (1) A person commits the offense of open lewdness if in a public place the person does any