2007-05-24 TIBBETSON_2_ - Laserfiche WebLink

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If I can direct your attention to the location map. This is a continued hearing, but I’d like to refresh the memories of the Planning Commission, and just give you some details on this application. The location of this application is within the South Kona District of Hawaii. More specifically we are looking at Mamalahoa Highway – Highway 11 – running in a north-south direction. This area identified in this location is the Kona Paradise Subdivision; you might be familiar with the Kaohe Road. Just to the south of the entrance to the subdivision is the location of this application identified in a blue dot. Access is directly off Old Mamalahoa Highway. The applicant in this case, Daniel Ibbetson, is requesting a bed and breakfast operation for two units. Referring to the site plan that has been submitted by the applicant, this shows the property which is identified as 0.722 acres or just less than 1 acre. Access to the highway is via this way to the -, this will be to the east. This area on this side of the driveway would be bordering Kona Paradise Subdivision. This is the existing floor plan for the dwelling that is on site. We have identified the two bedrooms in color: B&B Bedroom No. 1 and Bedroom No. 2. There is a third bedroom in which the owner would reside. Additionally there is a deck area and a pool. After finalizing this application, the Planning Department became aware that this property is also used as a cemetery. There are two grave sites on the property identified as Grave Site A and Grave Site B. At the time this application was coming before the Planning Commission, the Planning Department received a petition for standing in a contested case from Mr. Dean Kaiawe. Although Mr. Kaiawe does not reside within 500 feet of the application, he believed his interests were distinguishable from the general public in that his relatives are buried within Grave Site B. The Planning Commission voted to grant standing to Mr. Kaiawe, and also voted to conduct the th contested case hearing, which was conducted on November 18 of 2005, and additionally on thth January 20 of 2006. On January 20 of 2006, the Planning Commission voted to deny the application for a bed and breakfast operation. The applicant, Mr. Daniel Ibbetson, had filed an appeal to the Third Circuit Court in a timely manner, and that is why we are here today. This is a continued hearing to review and discuss the Third Circuit Court’s order reversing the decision of the Planning Commission, and remanding the case back to the agency for further proceedings. Are there any questions? GRAHAM: Commissioners? Thank you, Jeff. Since this does cut all the way back to last year and I know all the Commissioners were not here at that time, I’d like to first just affirm, if you all could let me know, that you in fact do have the complete record from the proceedings we held on this matter, and you’ve had an opportunity and have reviewed the record. Is that true? COMMISSIONERS: Yes. GRAHAM: All right. Thank you all. I see affirmative nods from all of the six Commissioners plus myself here today. The question becomes, this has been remanded to us by the Circuit Court, so it’s back in our hands for our consideration. Procedurally how we go forward from now is something that I think we need to work out with the intervenor and the applicant on this. So I think probably it’s appropriate for them to come forward at this time, if you would, and your representatives. Okay. First off, I’d like to swear you in. Do the four of you swear or affirm to tell the truth on this matter today before the Hawaii County Planning Commission? EXHIBIT A 2