2014-09-04 Hearing Transcript-HACA SPP 845

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Inadequate parking Section 25-4-54 addresses the problem of inadequate parking, and these basis are not as shown and depicted in the photographs, are not compliant with the County Code standards for parking. These, again, pose unreasonable and unsafe conditions for Ms. Tita. As stated previously, she utilizes these roads seeking access in and out of her residential lot to the subdivision. Should they be allowed to persist, she would be greatly affected by it as well as others who utilize these roads. There’s been other instances of the—she’s contesting the use of the area as a farmers market. We have noted that the Hawai‛i County Planning Department has issued a cease and desist order on November 7, 2012, related to the farmers market activities as an unpermitted use in that area and to the best of my knowledge, there are activities that are continuing. I’m not sure if they’re transacting goods or services for money, but it does appear that they are still having gatherings in that area, and to the best of my knowledge, there have been no further investigations concerning the farmers market, but activities are continuing. The Association is also in violation of building ordinances. There’s a January 9, 2012, Department of Taxation permit record, a copy of which was also attached. It’s attached as Exhibit C. You’ll note that Exhibit C depicts a—one bathroom for the structure that’s there, but, it actually has I think at least two, and one of which is unpermitted. Then there’s the Association has been in continuous use since the permit has lapsed, and there have been no attempts since January 2014 for the County to resolve those issues. Ms. Tita has a vested interest in protecting her safety and ensuring the safety of roadways located within the subdivision. And only the County of Hawai‛i can enforce the County Code, and Ms. Tita has no other means to protect her interests. Her interests are not represented by other parties. She knows of no other party that will raise safety concerns regarding the Hawaiian Acres Community Association amendment to the Special Permit within this subdivision. Her participation in this matter will help in developing a complete record because without it, you will not have a complete picture of what’s happening in the subdivision. And, her participation and intervention will ensure compliance with County ordinances related to the serious safety conditions within the subdivision. The public interest would be served by ensuring the safety of roadways located in the subdivision. I should note also that, and it was noted in our memo in support, that when the area has, and is subjected to rainfall, there’s significant amounts of road and water that gathers, rain and water that gathers in the roadways. I’d like to submit to the Planning Commission another photograph. It is a photograph that depicts—is this Road C? TITA: C. KAWAUCHI: --Road C, and it will show that the road is completely flooded with water. Should you have farmers markets activities that are scheduled during that time, you will be subjecting motorists and that includes Ms. Tita, to further risk of harm in that area. 5 EXHIBIT H