2010-12-15 TDELUZ AUTOexhibitB - Laserfiche WebLink

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MOOERS: Runs with the land. BOWMAN: It’s with the land. LEITHEAD TODD: For the specific purpose that the permit was granted. If the Caitanos for some reason were to sell the property to someone else, they could only use that for anautomotive repair; they could not convert it into a commercial building, a7-Eleven or anything else, because it’s a special permit and it limits the use. BOWMAN: Okay, so that the use goes with it but not the landowner, so, okay, thank you. HOUSEL: Isn’t there distinction between the type of repair that’s done–in this case this is auto body repair versus, you know, mechanical repair? MOOERS: That’s correct. HOUSEL: Which, you know, mechanical repair is Caitano, was beneficial to the neighbors that they need that. Is it really necessary and needed in this community to have auto body repair? MOOERS: Well, for 20 years they apparently needed it because he stayed in business. HOUSEL: Okay, but not necessarily farm related, right? MOOERS: That’s correct. And I would question that Mr. Caitano’s is necessarily farm related. I think the testimony was that it was not an offensive use and these are good neighbors and we need this type of service in the community. And I think the fact that the service is needed is really spoken to by the fact that Mr. DeLuz has been in business for 20 years. And speaking as someone in the community, I mean there are certain businesses you can count on. There really aren’t a lot of automotive repair. I think you asked how many people do safety inspections in Waimea. There’s two – the Shell station in town does them for like an hour and half every morning and it’s a very, very unpleasant experience, and many people drive to Kona or Hilo just to get their safety inspection, and the other one is down by Lex Brodie. So we do have limited services in Waimea. HOUSEL: Commissioners, any other questions you’d like to ask of the applicant? Commissioner Bowman. BOWMAN: I would like to also commend the applicant. I believe -. And I thank you for clarifying that you did make an attempt to move your business to Haina. So I think that was a good faith in carrying out. So, have we decided the life of the permit? What are we going to do about that? HOUSEL: Well, do you want to make a motion? BOWMAN: Sure. I move that we recommend the amendment to the special permit application, SPP 06-000034, with the deletion of Condition No. 3 – either the deletion or to put the same condition that we had in the previous, which was in perpetuity, no? 9 EXHIBIT B