2012-05-03 Windward Transcript Circus

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The special permit was based on what they presented, not what anyone else presented, not what the neighbors presented. And I would hate to even imagine how many hours it has taken for the staff of the Planning Department to respond to the complaints filed against what has been going on at this particular project. So you have to consider more than just what has been presented by the Applicant. You need to also remember there are other people involved in this. And maybe they do not want to come forward because maybe they don't want to compete with this kind of crowd. But there are those people that have to be considered as well. So I think you need to -. PUBLIC: (Inaudible side comments). KERN: Order. Same respect, please. Thank you. SELF: I think that the Planning Commission needs to review the law and keep that in mind; and there's no doubt that the violations have occurred. On the other hand if the Planning Commission decides that it’s not going to revoke the permit then and give them an opportunity to come in to apply for an amendment, which they've done before and then they withdrew the amendment, but if that's what the Planning Commission is alternatively thinking about doing, then there should be some way to make sure that they comply with what's there now. I mean there has been no compliance. So, you know, the permit needs to be complied with the. It's still in place, nothing changes that. Thank you. And she wants to talk. KERN: Okay. LEITHEAD TOOD: Good morning, or is it possibly afternoon already? KERN: Just about there. LEITHEAD TODD: All I’ve ever wanted is for SPACE to come in, seek an amendment to their special use permit, basically list what kinds of activities that they propose to hold on the facility over and above what they are already permitted for, and allow that to be in a process where neighbors in the community that they live in can suggest and asked the Planning Commission to put limitations -- How many performances? If you're going to allow performances, how many? What hours? If you look at the current permit and the representations, the maximum number of people at any time at that facility was supposed to be 40 students and 10 staff, 50 people. The complaints that we've received have addressed parking issues, traffic issues, noise issues, from more than one neighbor. And we seem to be here arguing over what the definition of a public performance is. For me it's, if it’s more than the 40 students and 10 staff members, then it has moved into public, because the representation was that that’s the maximum number of people at any time in that special use permit. The reason that that condition is there is because it's agricultural land, because it's in a subdivision with neighbors, you put those types of conditions on it. We have had other people with special use permits that have had violations and we investigate complaints. Almost, uniformly we work with people trying to get them to comply, and we have a high success rate. We currently will have an application from Kalani Honua which is going to the Land Use Commission, which is a result of our working with them to try and get some of the things that we do not feel are covered under their existing permits to become legally permitted. 20 EXHIBIT B