2012-08-02 Windward Planning Commission Minutes

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In response to Commissioner Ono’s inquiry, Mr. Arai noted that the Real Property Tax Division is assessing the transient accommodation nature of the B&B. Ms. Leithead Todd noted that the rate for a transient accommodation is $9.95 per 1,000 versus $5.55 per 1,000 for Residential use, clarifying that once you start operating as a B&B it no longer qualifies for a homeowner’s exemption, particularly since the homeowner does not reside on the property. She added that the B&B Ordinance requires either the owner of the property or an operator live on the premises. For Commissioner Au’s information, Ms. Leithead Todd said that the Planning Department follows up on complaints only if the complainant identifies himself or herself, but the name is kept confidential since it would have a chilling effect on people willing to report neighbors or friends. The applicant, Kurt MacCarley, stated he did receive the Planning Department’s background report and recommendation and that he resides in the house. He clarified he travels back and forth to Los Angeles to care for elderly parents, and his intention is to reside more on a permanent basis on the subject property. In response to Commissioner Au’s inquiry, Mr. MacCarley said he believed the rear setback from the residence to the property line was 32 or 33 feet. In response to Commissioner Ono’s inquiry, Mr. MacCarley said he had been operating for a couple of months on a casual basis without being aware he needed a use permit, noting he wishes to fulfill his required obligations. There was no one from the public wishing to testify on the application. It was moved by Commissioner Au and seconded by Commissioner Moses that the application be approved based on the recommendation of the Planning Director with conditions. A roll call vote was taken and motion carried with six aye votes (Au, Moses, Gonzales, Ishibashi, Ono and Kern) APPLICANT: C.L. CARLILE ENTERPRISES, L.P (Amend SPP 09-93) Amendment to Special Permit No. 09-093 to modify Condition No. 5 (hours of operation) and Condition No. 9 (weddings, concerts, conventions and other special events prohibited). The property is located along the south side of Umauma Gulch, and Old Māmalahoa Highway, Wailua Government Tract, North Hilo, Hawai‘i, TMK: 3-1-001: portion of 022. The Commission took this item up at 11:27 a.m. with two people from the public in attendance. Mr. Darrow said in light of the State Department of Transportation’s July 17, 2012 letter, the Planning Department is requesting a continuance of the hearing until the applicant submits a traffic impact analysis report (TIAR) and the Planning Department obtains a response with regard to the improvements that the DOT will require based on that study. Mr. Darrow noted that the World Botanical Gardens located in the general area received a special permit and was required to also submit a report to State Department of Transportation because of the increased traffic in the area, noting the Planning Department is awaiting a 4