2012-12-06 Windward Transcript HI VOLCANO

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that are not allowed, so we just want to be clear on the record as to the fact that the applicants are still under the current permit as it stands now. And then also there is the issue of the farmer’s market. It was allowed up to this point today by the Planning Director. So if we could clarify the situation with the farmer’s market from today on. AU: Okay, to clarify what the applicant wants, what they’re asking of the Commission, can you be specific on what you want? Because right now our Director did, she had allowed you to have the farmer’s market up to this point. So aside from the farmer’s market what else is it that you would like to do? I mean because I understand you guys are in a financial hardship, you know, and you guys need funding through -. And this is probably, this was your major funding for all these years until we stopped that. So can you let me know, can you let us know what you are requesting? What kinds of uses are you requesting? Is that appropriate to ask? No? LEITHEAD TODD: I don’t think the Commission, you have an existing permit which has certain permitted uses. They can continue those permitted uses. The continuation of the farmer’s market was an administrative decision. That is not something that the Planning Commission has on its agenda. You don’t have anything on your agenda that would allow you to interimly approve other uses, cause there are no notices to the public of that. In the case of the farmer’s market we will administratively allow them to continue the use of the farmer’s market, because that is consistent with what we have done with farmer’s markets throughout the island. And part of that recognition was that once a farmer’s market has established itself in an area, although it didn’t have a permit, that in this current economy to shut down a farmer’s market has a greater impact on not just the person who has a permit, the property owner, and may be in violation but it has an impact that’s greater in the community. And it has been our position that while we work through violations and trying to get amendments to permits that we do not shut down farmer’s markets, as long as they’re abiding by certain hours, you know, and there hasn’t proved to be a huge traffic issue, in the interest of not hurting people’s livelihoods; and that’s why we’ve allowed them. So what we’re doing with SPACE and the farmer’s market, there’s, no different than what we’ve done with farmer’s markets elsewhere on the island. It’s kind of a recognition of the current bad state of the economy and the lack of resources that a lot of people have in order to get out and vend their goods. So whatever that you do, whether you decide to continue, dismiss, we still administratively allow the continuance of the farmer’s market. AU: Okay, thank you. Thank you, Director. Any questions for staff or for the applicant before we entertain a motion? Commissioner Ono? ONO: To the staff. I’m hearing two recommendations and I’m not clear on this. Are we asking for continuance, one, or a dismissal? I mean what’s on the floor? DARROW: The Planning Department is recommending that the Planning Commission continue the revocation hearing to remain in effect as we work through the special permit amendment application. And, again, the reason for that is so that if things don’t go well that we can bring it back to the Commission and move towards revocation. That’s not to say they won’t. They have been doing well up to this point. The applicant is requesting that the revocation application be dismissed. 11 EXHIBIT C