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2024
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2024-06-06 Windward
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Item #7 Matthew Dietrich, Steven Dietrich, & Jane Dietrich (PL-SPP-2024-000052)
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PD RECOMMENDATION REPORT
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PD RECOMMENDATION REPORT
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The applicants' goal is to provide alternative and rustic overnight accommodations, <br /> allowing visitors an opportunity to enjoy and learn about Hamakua and to support <br /> businesses and farms in the area. Additionally, the applicants note that while the subject <br /> property has fruit tree propagation and livestock pasturing, the parcel is narrow, with a <br /> steep elevation incline, making intensive agricultural productivity unviable. The bed and <br /> breakfast establishment will be operated by a live-in manager and quiet hours will be from <br /> 9:00 PM to 8:00 AM. <br /> The grounds for approving a Special Permit are based on Rule 6-7 in the Planning <br /> Commission Rules. It states that the Planning Commission shall not approve a Special <br /> Permit unless it is found that the proposed use (a) is an unusual and reasonable use of land <br /> situated within the Agricultural or Rural District, whichever the case may be and (b) the <br /> proposed use would promote the effectiveness and objectives of Chapter 205, Hawaii <br /> Revised Statutes, as amended. <br /> The granting of this request would promote 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 <br /> the 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. In this <br /> case, the County designates the property as important agricultural lands, the soils are <br /> classified as C and E by the Land Study Bureau's Overall Master Productivity Rating and <br /> designated as Prime by the Department of Agriculture's ALISH Map. <br /> As the proposed use will occur within the footprint of an existing dwelling,existing <br /> cabanas will be used as campsites and the only new construction proposed is to build a <br /> 120-square-foot bathhouse, the agricultural potential of the subject property will not be <br /> diminished. Although there are existing fruit trees and pasture areas, the applicants note <br /> that the narrow width and steep incline of the parcel is not conducive to intensive <br /> agricultural uses.Therefore,the proposed use will not adversely affect the preservation and <br /> agricultural use of prime agricultural lands and is not contrary to the objectives sought to <br /> be accomplished by the State Land Use Law and Regulations. <br /> 2 <br />
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