2012-05-03 Windward Transcript Circus

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Planning Department Investigation: Non-compliance of Condition No. 1: Condition No. 1 states,”The Applicant, successor or assigns shall be responsible for complying with all stated conditions of approval.” For clarification purposes, there are several different entities mentioned throughout the different correspondence associated with the property. These include Sea View Performing Arts Center for Education or SPACE, Hawai‘i’s Volcano Circus or HVC, Bellyacres and Village Green Society. The original Applicant for the Special Permit was, is Hawai‘i’s Volcano Circus who is represented by Graham Ellis. Ellis is also connected to the other entities mentioned above. Attempts have been made by Ellis to disassociate HVC with certain activities occurring on the subject property by stating that the activity was conducted by another entity and not the Applicant, even though Ellis was clearly associated with the activity. It is the Planning Department’s position that the Applicant is responsible for complying with all conditions of approval of the Special Permit on the subject property as required in Condition No. 1, regardless of which entity is being accused of the violation. Non-Compliance of Condition No. 2: The project shall be developed in substantial compliance with representations made by the Applicant. These include representations made by the Applicant in the original Special Permit application which is identified as Exhibit No. 2, subsequent letters which are also identified within the exhibits, and the Planning Commission hearing transcript of September 21, 2001, identified as Exhibit No. 33. The proposed development was NOT represented to include: Holding public performances, including events in which tickets were sold for a monetary fee to “members” as well as “non members”; the serving of alcohol at these events; a weekly farmers market; a weekly bazaar; a swap meet; rental of the facility for parties and group events; and the construction of additional unpermitted dwellings or structures. Non-compliance of Condition No. 4: Condition No. 4 states, “The Applicant shall secure building permits, for all existing farm dwellings/buildings, on the remainder of the property within one (1) year from the effective date of this permit.” The effective date was September 21, 2001. So this was giving them one year. The Applicant had submitted a request for an additional administrative time extension which was granted. In 2001, the existing structures on the subject property represented by the Applicant were four (4) farm dwellings, a workshop, a generator shed and outbuildings. In June of 2001, the Applicant submitted a letter stating that there were five unpermitted structures, three of which would be removed once the Performance Arts Educational Center was built and the other two would be permitted as two more farm dwellings. This is the site plan that was submitted along with the special permit application in 2001. The red, the property is identified with the black outline. We’ve color-coded the different structures just for representations. The red identifies what are called farm dwellings and the two blues located at the makai portion of the property are identified as farm buildings. The proposed performing arts center was identified on the lower portion of the property but was not yet constructed. 4 EXHIBIT B