2005-11-18 TIBBETSON - Laserfiche WebLink

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as to what the facts are. There may be some discrepancies on a few areas but essentially what I believe the evidence will show is that at some point in time after Mr. Ibbetson purchasedthis particular property he made a decision to construct a home. The question then is when he constructed the home atthe time, which is, the deed is dated March 2003. At that time was he already intending to use this place as a bed and breakfast? You know what was his intent at that time. The reason that becomes a critical factor is if he had submitted his application just like the Parker School situation before construction starts then the commission gets to see in a hearing format all of the facts. The commission can then render its decision, address issues relating to burial sites, graves, cemeteries, access, etc. before construction begins. But what the record I believe will show is that the application for a bed and breakfast or special permit comes in after the home is built. Theres some discrepancies that I believe will show as to exactly what was required of Mr. Ibbetson when he constructed the home. But there was a requirement for prior Burial Council approval even if the decision was to keep the burial sites in place. The statutes and the rules speak to burials in place still need to go to the Burial Council for review and approvalandtheresnosuchevidenceinthisincidents.EssentiallythenIthinktheevidencewill show were sort of working backwards here and the tendency I think of the arguments will be well the building is already there so whats your beef. That the commission is not here to decide whether the building permit was lawfully issued and thats true its not before you. That youre not here to decide whether a Burial Council approval was required. I agree that is not your jurisdiction. But you are being asked to look at what I believe seems to be an after the fact special permit application. The focus being limited from today forward from the day of the application which is April 2005. And I believe the applicant in essence is asking you not to look before April of 2005 and just look at what snapshot we have as of April 2005 the structures already up. Its where it is yes, who cares if its bed and breakfast cause 6 people could be there anyway. Who cares if they are tourists or family member? And I believe the commissions discretion is at stake here because Rule 6 and the Special Permit Law is not something that is an automatic. You know its not a ministerial thing. Its a discretionary permit and under Rule 6 you have certain criteria to follow. And we believe that the application either is not complete and in that case if its not complete you can continue the hearing or deny the application. Or the evidence is such that the application should be denied. One interesting point that wed like to emphasize is you will see a deed in evidence that says this property was given to Mr. Ibbetsons predecessor to be used as a cemetery. And since that, we interpret is a limitation on the use of the land regardless of what Mr. Ibbetsons position may be that limitation is on the property. And then the question to you and your council is a bed and breakfast allowed within that limitation? Thank you. ALAMEDA:Thank you Mr. Matsukawa. Bobby Jean? LEITHEAD-TODD:Deputy Corporation Counsel Bobby Jean Leithead-Todd and seated immediately to my right is Planning Director Chris Yuen. The Planning Department basically, its position is the same as stated in our recommendations that the bed and breakfast permit be granted. I want to just note briefly that in making that determination the Department took a look at the use of the property and the fact that the land is classified as D or poor in terms of agricultural productivity and it recognizes also that there are many lands within the agricultural classification that are not necessarily suited for agriculture. And I think thats recognized even in the State Land Use Hawaii Revised Statutes. If you have been here at any length of time you are EXHIBIT B 5