2010-10-22 THANNEKEN - Laserfiche WebLink

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HOUSEL: Do we need another chair there? I’m sorry. There, okay. If you could please use the microphone – share if you can. Raise your right hand, please. Do you swear or affirm to tell the truth on this matter now before the Leeward Planning Commission? TESTIFIERS: I do. HOUSEL: Thank you. I’ll start on your right side. Could you, using the microphone, state your name and address, please? Yeah, it’s working. WEST: Hi. I’m Jay West. I’m not in favor of you granting this -. HOUSEL: I’m sorry, could you give your address please. WEST: Do what? HOUSEL: Give your address. WEST: P. O. Box 2071, Kamuela 96743. HOUSEL: Okay, now if you would like to give your testimony, go ahead. WEST: Okay. I’m not in favor of granting this Special Permit for the following reasons – I’ve got four reasons: Basically they are, the applicant shows a history of disregard for county regulations; agricultural property is not approved for this type of business activity; there are properly zoned areas located a short driving distance where the applicant is able to legally conduct his business; and one more reason from my personal experience, the County is not able to enforce existing zoning regulations, let alone a Special Permit which leaves interpretation wide open to abuse and non- enforcement. Get into details here. My first reason is: Applicant shows a history of disregard for county regulations. Well, you can see from this, they’ve been doing this for ten years – 1999, I think I read the application at the County. They’ve been doing it without a permit. And so, I’ll just read this: “Applicant has openly conducted a business on agricultural land that was not permitted according to County Code. Over the last ten years the subject’s property became what looked like a junkyard with a scattering of equipment, building materials and even a metal tower structure stored on almost two acres of the property. Applicant did not file information with the County Real Property Tax Division stating the property was used for business. Yesterday I went to the County building in Hilo to gather information so I would have my facts correct for this hearing. I found that the applicant’s records show that they have been taxed at the lowest rate in the homeowner class. According to the applicant’s representative, the property has been used for business for the last ten years. The applicant should have reported to the County Real Property Tax that the property was being used for business and should have been taxed at a higher rate, depriving the County of tax revenues. This open disregard for paying a fair share of taxes puts an unnecessary burden on every taxpayer.” My second reason is: “Agricultural property is not approved for this type of business. Our upcoming elections have highlighted the need for Hawai‘i to become more sustainable. Our candidates for governor are both looking at the Big Island as a source for agricultural products to support Hawai‘i population. There are other properties in the same subdivision that are successfully operating agricultural businesses. So counter to the special use application – or special application, whatever they are applying for – filed by the owner’s representative, this lot is able to support 4 EXHIBIT A