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been constructed on the property to service an unpermitted dwelling,the Planning <br /> Director notified the applicant that they would conduct an investigation and bring the <br /> matter before the Planning Commission. As part of the investigation, the Planning <br /> Director also determined that the applicant was not in compliance with Condition No. 6 <br /> of SPP 1117, requiring Department of Transportation (DOT) approval of the access drive <br /> connection at Akoni Pule Highway. According to the Planning Director at the time, the <br /> action brought these matters before the Planning Commission for their review,not to <br /> initiate revocation of the SMA and SPP permits and recommended that the applicants <br /> come into compliance with all relevant conditions of approval. <br /> 8. Notice of Violation and Order: In 2015, following a complaint alleging that the subject <br /> property was being used for weddings and that a windmill did not comply with minimum <br /> side yard setback requirements, zoning inspectors conducted a site visit and issued a <br /> Notice of Violation and Order. The applicant provided a response stating that the subject <br /> property no longer hosted weddings or special events. County records show that the <br /> applicant submitted for a variance application in 2015,to address the setback violation <br /> for the windmill,but the variance was not approved. According to the applicant's letter <br /> dated April 8, 2024,the windmill has been removed. <br /> 9. Contested Case Petitions and Agreements: On January 19, 2023,the Leeward <br /> Planning Commission granted standing to participate in a contested case hearing to <br /> petitioners Charles A. Anderson, EWM Enterprises, LP, and Kohala Makani Kai, LLC. <br /> The parties held a mediation conference and arrived at an agreement with amendments <br /> (see P.D. Exhibit 33), dated February 26, 2024, based on which all three petitions were <br /> withdrawn. Additional petitions for standing in a contested case hearing were filed on <br /> April 4, 2023, by William Melton and on April 6, 2023,by Dale and Don Franzen. Based <br /> on a private agreement(see P.D. Exhibit 35) between the petitioners and the applicant, <br /> both petitions were subsequently withdrawn. <br /> STATE AND COUNTY PLANS <br /> 10. State Land Use Designation: The subject property consists of lands designated <br /> Agricultural and Conservation by the State Land Use Commission, however the proposed <br /> work will be situated within the Agricultural district. <br /> -3- <br />