2010-10-22 THANNEKEN - Laserfiche WebLink

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My concerns, besides the fact that the application has rather disingenuous features to that, but we blame that on the agent and not the applicant, I think the amount requested, as has been brought up here, is awfully large for a mom and pop operation. That garage, as has been brought up, could take four or five County fire trucks without crowding it. It’s two stories high. And I think it indicates more is going to be accomplished than it has been requested in the Special Permit. There has been an office trailer, which we don’t seem to get mention, but that was there for a while, a large white trailer, whether it’s a structure or not. In any case, no one can force the applicant to fulfill his promises or meet the requirements and conditions that are stipulated on your pages 5 and 6.We have been told that this is a business that is necessary on the island; there are already 35 fence makers in the telephone book. We know that this is a continuing business because the applicant has told us so nine times in his application. Therefore, there should be a record in his IRS filings and in his GET filings to show whether this business is profitable or not during these eleven years and whether in fact it can accomplish the stipulations and the requirements that the Department would lay on it to keep the property in a reasonable appearance. Thank you for the three minutes. HOUSEL: Thank you for your testimony. If you would like to please be seated in the audience. Oh, I’m sorry. Did anyone have a question of our testifiers? Sorry. Thank you. Would the applicant’s representative please come forward, and the applicants? Use the, if you could, use the microphone and raise your right hand. Do you swear or affirm to tell the truth now before the Planning Commission on this matter? APPLICANTS: I do. HOUSEL: Thank you. Mr. Mooers, would you like to give your name and address? MOOERS: Sure. My name is Greg Mooers. My address is P. O. Box 1101, Kamuela, Hawai‘i 96743. My residence is just makai and south of the subject property. HOUSEL: Would you like to lead, or -? MOOERS: Sure. I’ll go ahead. I’d like to clarify a few things. It’s always disturbing when you don’t get comments or responses to the mailings to the neighbors and nothing gets submitted; so you have very little time to prepare or to address concerns. But as always, concerns are concerns and they are valid. One of the issues that seemed to come up is the issue of the Hannekens operating the business here since 1999. I would point out for the record they file business, all the business licenses every year, tax licenses; there is no secret they’ve done business there. In fact, there’s some belief that the Special Permit is not required for this business, and that was the position we took originally when the County cited it. And I will note in the Hawai‘i County Code, Section 25-5-72, Sub-section (23), it says, “Vehicle and equipment storage areas that are directly accessory to aquaculture, crop production, game and fish propagation, livestock grazing and livestock production” are permitted uses in the Ag District. The County of Hawai‘i Planning Department has made a determination previously for a business in Waimea that sells fencing materials and agricultural products on Mn Road, that they didn’t require a permit; R. R. Olson, if you are familiar with that business, has been in business for decades, and there is no Special Permit. So it’s not unreasonable for the applicant to believe that what he was doing was quite legal. When the County cited us, we elected simply to file a Special Permit application, believing that what we had been doing for eleven years was legal, but happy to comply with the County’s request. 8 EXHIBIT A