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HAYASHI: We haven’t had a chance to speak with the Director, but I’m sure he <br />would like to keep his recommendation that was presented to you. <br />ALAMEDA: Okay. Commissioner Watanabe? <br />WATANABE: I have another question for either one of you, either Mr. Fuke since you <br />were formerly a Planning Director, as well as Corporation Counsel, and it appears that the <br />adjoining properties have commercial uses. Apparently these commercial uses were allowed <br />previously by special permit, so they’re still zoned residential. Am I correct that? <br />FUKE: The property on the Puna side, Dr. Klein, was granted a use permit. And <br />the Zoning Code was subsequently amended to not allow medical or medical-related facilities <br />visa vi the use permit process. But that my understanding is, Dr. Klein’s is considered a <br />legitimate non-conforming given that it was given a use permit. The property on the Hilo side of <br />the property is currently used residentially. <br />WATANABE: Okay. And that’s the Maebo Noodle Factory? <br />FUKE: No, there’s another property beyond that, there’s an intervening property. <br />So if you start from the intersection of -. <br />WATANABE: Okay, so the in-fill could be expanded to another lot on top of this one? <br />FUKE: The in-fill would be like on the Kai Store side, correct. <br />WATANABE: Yeah. <br />FUKE: Yeah, it would be right next to Kai Store. <br />WATANABE: Okay. And my follow-up question to that would be, okay, if for example <br />Dr. Klein has a special use permit that is grandfathered in, should something happen, God forbid, <br />where he elected to move away, would that then nullify the use permit and that revert back to <br />residential? <br />FUKE: The basic zoning would still be residential. So he was able to allow, you <br />know, that site is capable of supporting a doctor’s office. So whoever wants to come in and <br />continue the same type of services would be able to do that. But not to have it utilized for maybe <br />like a service station or 7-Eleven, no, not without going through the zone change. <br />WATANABE: And with regard to the Maebo Factory, is that the same situation? <br />FUKE: The Maebo Noodle Factory is zoned Commercial Neighborhood. But, <br />again, you know, like that kind of little bit boggles my mind because Commercial Neighborhood, <br />I think that use kind of borders an Industrial; but, nevertheless, it was there for a number of years <br />and so it could have been grandfathered. <br />ALAMEDA: Let me ask, Mr. Hayashi, do you concur with the discussion so far from <br />the Department’s standpoint? <br /> EXHIBIT B <br />9 <br /> <br />