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been constructed on the property to service an unpermitted dwelling, the Planning <br /> Director notified the applicant that they would conduct an investigation and bring the <br /> matter before the Planning Commission. As part of the investigation, the Planning <br /> Director also determined that the applicant was not in compliance with Condition No. 6 <br /> of SPP 1117, requiring Department of Transportation (DOT) approval of the access drive <br /> connection at Akoni Pule Highway. According to the Planning Director at the time, the <br /> action brought these matters before the Planning Commission for their review, not to <br /> initiate revocation of the SMA and SPP permits and recommended that the applicants <br /> come into compliance with all relevant conditions of approval. <br /> 8. Notice of Violation and Order: In 2015, following a complaint alleging that the subject <br /> property was being used for weddings and that a windmill did not comply with minimum <br /> side yard setback requirements, zoning inspectors conducted a site visit and issued a <br /> Notice of Violation and Order. The applicant provided a response stating that the subject <br /> property no longer hosted weddings or special events. County records show that the <br /> applicant submitted for a variance application in 2015, to address the setback violation <br /> for the windmill, but the variance was not approved. <br /> STATE AND COUNTY PLANS <br /> 9. State Land Use Designation: The subject property consists of lands designated <br /> Agricultural and Conservation by the State Land Use Commission, however the proposed <br /> work will be situated within the Agricultural district. <br /> 10. General Plan LUPAG Map: The subject property is designated as Important <br /> Agricultural Land and Open, however the proposed work will be situated within the area <br /> designated as Important Agricultural Land. <br /> 11. County Zoning: Agricultural-20 acres (A-20a). <br /> 12. North Kohala Community Development Plan (NKCDP): The North Kohala CDP was <br /> adopted by the Hawaii County Council by Ordinance No. 08-151 on November 5, 2008. <br /> The plan calls for: protection of scenic resources and view planes from Akoni Pule <br /> Highway towards the sea, increased public shoreline access, and support for diversified <br /> agriculture. <br /> -3- <br />