2012-12-06 Windward Planning Commission Minutes

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The Commission took this item up at 9:33 a.m. with approximately 130 people from the public in attendance. (SEE EXHIBIT B) APPLICANT: EDWIN L. LILLEY (SPP 12-142) Application for a Special Permit to allow the use of a portion of an existing dwelling as a real estate office that resides on approximately 1.27 acres of land situated within the State Land Use Agricultural District. The subject property is located on the east side of Kaluiiki Road, east of the Hilo Hongwanji Mission Cemetery, and approximately 250 feet north of the Kaluiiki Road – Kaūmana Drive intersection, Kaūmana Homesteads, South Hilo, Hawai’i, TMK: 2-5-064:008. The Commission took this item up at 9:42 a.m. with nine people from the public in attendance. The Commission took this item up at 11:24 a.m. with approximately 20 people from the public in attendance. Ms. Cottle oriented the Commission and public of the subject and surrounding properties on the location map and site plan, summarized the request, and noted the Planning Director recommended approval of the application with conditions. She said the Department of Public Works submitted a memo regarding Kaluiiki Road; however in following up with them it was found that the particular road in question is listed as Japanese Cemetery Road and it has been recently maintained by the County from the Kaumana Drive intersection up to approximately 300 feet past the applicant’s driveway. In response to Commissioner Ono’s inquiry, Ms. Cottle noted that the applicant will not be required to make parking improvements as he will utilize the structure as a home occupation where he basically will be using a computer and his phone at home and meeting clients in town or on property his clients wish to purchase. The applicant, Edwin Lilley, said many companies are now looking for ways to control costs by using home offices and noted that he would not need to apply for a special permit if his property was zoned Residential. He said he does not see a need to have clients come to his residence as many of the documents they prepare are done electronically. He stated he has reviewed the Planning Department’s background report and recommendation and is fine with it. Kerri Marks spoke in support of the application. She noted her husband, a realtor for 16 years, had their home built around his home office but no one ever came to their home office. She agreed with the applicant that all their documents are done electronically now. It was moved by Commissioner Gonzales, seconded by Commissioner Ishibashi, that the application be approved as recommended by the Planning Director. Chairman Au felt the use was appropriate for the area and there were no major issues involved. Director Leithead Todd clarified that with zoning the applicant can use the property for any one of the listed uses in the zoning classification; however, under a special permit he can only use it for the exact uses permitted within the special permit. A roll call vote was taken and motion carried with four ayes (Gonzales, Ishibashi, Ono and Au) and one absent and excused (Moses). 2