Laserfiche WebLink
11. AGENCIES-NO RESPONSE <br /> A. Natural Resources Conservation Service <br /> 12. PUBLIC COMMENTS. The Planning Commission received the following <br /> written public comments: Cory Harden, Richard and Virginia Alderson, Brent Gallagher and <br /> Jeff and Wendy Haun. At the public hearings on the application, the Planning Commission <br /> received public testimony from the following persons: Richard Alderson, Jeff and Wendy Haun, <br /> Mya Pawu, and George Leonard. <br /> 13. The Planning Commission held public hearings on the application on June 4, <br /> 2004,July 2, 2004, and May 12, 2005, after applicant gave written notice to surrounding <br /> landowners as required by law. <br /> 14. No formal petitions for intervention in a contested case were filed pursuant to the <br /> Planning Commission Rule 4. <br /> 15. At the July 2, 2004 public hearing on the Application, and by way of letter dated <br /> June 28,2004, Ms. Wendy Haun gave public testimony opining that she and her husband,Jeff, <br /> owned property(TMK: 3-1-1:46)across the Hawaii Belt Highway from the site, and that their <br /> access easement was within 500 feet of the proposed special permit site. Ms. Haun therefore <br /> said she and her husband should have been given written notice of the hearing on the <br /> Application, but were not. <br /> 16. Staff reviewed the Planning Department's TMK Plat Map listed as Petitioner's <br /> Exhibit 9 and reported to the Commission that Jeff'and Wendy Haun's property, and their access <br /> easement, were not within 500 feet of the proposed special permit site, and the Commission so <br /> finds. <br /> IT. CONCLUSIONS OF LAW <br /> Based upon the foregoing Findings of Fact, the Commission makes the following <br /> Conclusions of Law,including mixed conclusions of fact and law. <br /> 1. In considering a Special Permit for any proposed use,Rule 6 of the Planning <br /> Commission relating to Special Permits require that such action conform to the following <br /> guidelines: <br /> a. Such use shall not be contrary to the objectives sought to be accomplished <br /> by the Land Use Law and Regulations; <br /> b. The desired use shall not adversely affect surrounding properties; <br /> C. Such use shall not unreasonably burden public agencies to provide roads <br /> and streets, sewers,water, drainage, school improvements, and police and fire protection; <br /> -6- <br />