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PD RECOMMENDATION REPORT (PL-SPP-2024-000064)
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2024-06-06 Windward
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Item #4 Garvin & Laura Goode (PL-SPP-2024-000064/AMEND SPP 13-000151)
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PD RECOMMENDATION REPORT (PL-SPP-2024-000064)
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5/24/2024 12:08:24 PM
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5/24/2024 12:08:18 PM
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PD RECOMMENDATION REPORT
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was finalized by the Department of Public Works. As part of this structural expansion, the <br /> applicants were required to upgrade their individual wastewater system to accommodate the <br /> 3 additional `bedroom-type'rooms,thus the applicants have been under the impression that <br /> these are bedrooms.As the Zoning Code requires an owner or bed and breakfast operator to <br /> reside on the building site on which the bed and breakfast establishment is situated, and as <br /> the operator must sleep in a permitted bedroom,it is not possible for the applicants to offer 5 <br /> rentable bedrooms until at least one of the `playrooms' is permitted as a bedroom. A <br /> condition of approval will address the preceding. <br /> The grounds for approving a Special Permit and amendments are based on Rule 6-7 <br /> in the Planning Commission Rules. It states that the Planning Commission shall not approve <br /> a Special Permit unless it is found that the proposed use(a)is an unusual and reasonable use <br /> of land situated within the Agricultural or Rural district,whichever the case may be; and(b) <br /> the proposed use would promote the effectiveness and objectives of Chapter 205, Hawaii <br /> Revised Statutes, as amended. <br /> The proposed use is an unusual and reasonable use of land situated within the <br /> Agricultural District that would not be contrary to the effectiveness and objectives of <br /> Chapter 205, Hawaii Revised Statutes, as amended. The State Land Use Law and <br /> Regulations are intended to preserve,protect,and encourage the development of lands in the <br /> state for those uses to which they are best suited in the interest of the public health and <br /> welfare of the people of the State of Hawaii. In the case of the Agricultural District, the <br /> intent is to preserve or keep lands of high agricultural potential in agricultural use. <br /> In 2013, the original request to allow the establishment of a 3-bedroom bed and <br /> breakfast and a certified kitchen within an existing, 5-bedroom dwelling was reviewed and <br /> evaluated by the Planning Director and Planning Commission, who found that the use is <br /> unusual in that a bed and breakfast is not normally considered agricultural in nature. They <br /> also found it a reasonable use as it would be conducted entirely within an existing dwelling, <br /> and thus would not adversely affect the preservation and agricultural use of the County's <br /> prime agricultural lands. <br /> The requested amendment would increase the number of rentable bedrooms within <br /> the bed and breakfast to 5,which would similarly be conducted entirely within an existing <br /> 2 <br />
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