2015-01-08 Hearing Transcript-PD INITIATED _GAMBLE_ SPP 1078 & SMA 408

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Hawaii, and numerous public and private businesses as a location for fund raising, auctions, classes, concerts, sales, and tours.” So, the Planning Department will continue to work with the Applicants regarding compliance with the other conditions that were referenced within the Background/Recommendation that are in question. Today’s purpose, again, is to have the Planning Commission, with the information available on the record, determine whether or not these additional uses that were mentioned are considered permitted under the permit or if the Applicants will need to come in and amend the Special Permit. Let me continue on. This all started because the Planning Department received a complaint alleging that the Applicants advertised their collectible sale in the Hawai‛i Tribune Herald and on Craigslist. Our Zoning Inspector confirmed a Hawai‛i Tribune Herald advertisement regarding The Palm Cliff House, collectible sales during the Merry Monarch week. The ad also said to check Craigslist and Facebook for pictures and direction. A warning letter was issued to the Applicants on July 3, 2014, which is Exhibit No. 1, stating that the collectible sales business is not a permitted use in the Agricultural District, as well as in Special Permit No. 1078 and SMA Use Permit 408. This is a copy of the advertisement. Again, it’s referencing the collectible sale event. Again, this appears to be during a week correlating with the Merry Monarch week. These are some of the photos that were on Facebook that were part of the record with our Zoning Inspector that shows some of the item that were part of the collectible sales. The Applicant responded to the warning letter in a letter dated August 27, 2014, which is our Exhibit 2. The Applicants believe that allowing members of the community to utilize their property for events is within the parameters of Special Permit No. 1078 and SMA Use Permit No. 408. The Applicants provided references within the Planning Commission transcript, where discussion occurred regarding their request for community uses on the property. I’ll just list a couple of them that were more pertinent in this particular case. This was a reference from Neil Erickson, who was representing the Applicants at the time. He expressed to the Commissioners, “Commissioner too, in the past this house has been used for community meetings and get- togethers for things of the community concern. So in the nature and spirit of that, the Gambles would like to continue [that] and that includes events such as weddings and other things that the community would like to do.” Additionally, further on in the transcripts, Russell Kokubun, who was our Deputy Director at that time, stated “I had a question about it was raised initially about uses—proposed uses there— weddings, and then you mentioned community meetings, etc. You know, the way I see that the conditions of the permit are written, strictly for the launch and so you’re—and I think one of the guidelines for us in terms of [a] special permit, one of the guidelines for the permission, is that the uses be fairly specific. Do you have a list of other uses that [you] are proposing.” “That you are proposing for this? Because if they’re not included, or considered by the Commission, then you cannot do that—is my understanding.” John Gamble, one of the Applicants, stated, “The only thing [that] we had anticipated using it for was for what we had mentioned; were the weddings and just continuing the town meetings. That was the gratis thing that the previous owner had given to the community.” 3 EXHIBIT C