2008-05-08 TSULLIVAN - Laserfiche WebLink

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WATANABE: Okay. With that, we also have another rather special situation because it’s my understanding that, you know, we really should have six Commissioners present if we wanted to go into an executive session; and we only have five today. So that for the most part I believe technically rules out any attempt to enter into an executive session. That’s just for your information.Okay? Because, you know, this case may be a little more complicated than the average case. With that maybe I might turn this over to Mr. Darrow. DARROW: Thank you, Mr. Chairman. If I can direct the applicants’ and the Planning Commission’s attention to the board. The applicants in this case John and Katherine Mary Sullivan are requesting a review of the Planning Director’s determination that a special management area assessment application or an SMAA for the construction of a single family dwelling and related improvements is incomplete because it lacked a shoreline certification. I’m going to give a brief background on this situation. But before I do that I want to just give you the location of this area. The area of this application is within the Puna District, more specifically we’re looking in the Kapoho area. This is Kapohokai Road. You would come off of it off the “Red Road” into Kapoho Vacationland. The applicants’ property is identified with a black outline. On the TMK map you will see that there is a large parcel between Vacationland and the ocean, identified on the maps. This is a 52- acre parcel owned by Vacationland Trust. Another 52-acre parcel is just to the south of the property. The applicants submitted an SMA assessment on September 22, 2006. YUEN: You know, given what counsel said, I don’t think the Planning Department should give a presentation apart from just giving this orientation as to where the property is located. We should give the applicant a chance to present whatever they would like to present. WATANABE: So that said you’re suggesting that we cut this off at this point, the presentation at this point then? YUEN: Yes, we would give our presentation at some later point of consideration for this. If the applicant wants to make a presentation it’s up to the Commission to decide whether to allow that or not. I would like to apologize to the applicants for the Department’s failure to let you know that there was a requirement of notice to the surrounding property owners by mail and posting of the sign on the property. This is the first time that this procedure has come to the Planning Commission of a, basically an appeal of a decision or nondecision by the Director and within a certain timeframe. And that’s the reason why there was this confusion on our part about the correct notice. So we would, if the applicant wants to make a presentation apart from what we’ve just shown as far as the location of the site, that’s fine. But we won’t be making a presentation or a response today. WOODWARD: Mr. Chairman? EXHIBIT A 3