2006-08-25 TPLANNING DIR. - Laserfiche WebLink

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Department and be able to answer those kinds of questions. But what you’re saying is absolutely correct in that just because the Zoning Code has been amended to allow something, if it does, in fact, violates covenants and if those covenants are enforceable, the judge can say that notwithstanding what the Zoning Code says it’s not, the judge is not going to allow it. PUBLIC:Mr. Chair, may I say something? ALAMEDA:No, you may not. Sorry, your testimony is over. Once you give testimony, see you in Hilo, once you give testimony, that’s your chance. So you want to think about all the -. PUBLIC:All my comments -. ALAMEDA:Yeah, I’m sorry. That’s going to be out of order. I apologize for that, sir. You may want to bring it up in Hilo’s meeting, though. Commissioner Watanabe? WATANABE:Oh, no follow-up. I just wanted to hopefully put on the record and point out that, you know, in spite of this, the public, to some degree, does have recourse, assuming they have, like in this case, a protective covenant. ALAMEDA:Okay. Other comments? Okay. Moving forward, our next -. What’s our next step? Okay, so in terms of this particular agenda item, we’ll revisit it at our next meeting in Hilo or –? YUEN:Just, Jeff McCall had a question I thought we -. ALAMEDA:Okay. YUEN:Just to briefly explain my own thinking on this. I always, I get to the, I think ahead to the end result; and the end result I think as a community is that we want to have facilities like this and we want to have them ultimately in residential areas. So the question is what is the process? I have to say that I can’t think of any reason why it would be better in one neighborhood, if you look at the range of residential neighborhoods, why it would be better in one neighborhood than another? I haven’t heard any reason to tell me why it’s worse to have this in Keaau Ag Lots than in Paradise Park, or Piihonua, or Wainaku, or Kaumana. You introduce a use permit process, for one thing you’ve been there. You can, a neighbor can request a Contested Case Hearing. We have what typically involves attorneys.It can involve an appeal to Circuit Court after a decision on the Contested Case Hearing. It has often been a process that’s, that even to get back to the Commission is nine months; and then the appeal to court can be another nine months. You’re introducing a process that makes it much more difficult to establish these kinds of facilities. And I say I don’t see, the objections that I hear from, apart from the covenants which are a private matter and not something that we could consider, I don’t see a reason why you would say it’s good in one kind of neighborhood and not good in any kind of neighborhood. ALAMEDA:Follow-up? EXHIBIT D 24