2016-07-19 KVDC Minutes - Laserfiche WebLink

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Commissioner Van Pernis asked if the walkway was incorporated in the expansion. The architect for the project, Roger Brasel, answered in the affirmative, and said that the existing walkway would slide over a little in order to maintain the width. Commissioner Van Pernis also asked whether or not any input had been received from other tenants of the Coconut Grove Market Place regarding this project. Mr. Dunlap answered in the negative. Commissioner Van Pernis pointed to a letter in the application submittal, dated June 19, 2015, from the Planning Director to Mr. Roger Brasel; in the letter the Planning Director determined that the applicant’s proposed build-out project was consistent with the approvals and conditions of SMA 277, as amended, which allowed for the construction of a commercial specialty center \[Coconut Grove Market Place\] encompassing the subject Lava Java Restaurant building (the “SAA determination”). Commissioner Van Pernis noted that Condition No. 3 of the SAA determination required the applicant to “secure approval for the proposed project from the Kailua Village Design Commission within one year from the date of this letter,” which had already passed. He questioned whether or not the Commission had the jurisdiction to allow extra time for the applicant to comply with that condition. Mr. Mark responded that generally, as an advisory board, the Commission’s design review could occur either before or after a Special Management Area Use Permit, which is the first regulatory permit for development within the Special Management Area (the “SMA”), and that in this case the applicant would be required to confirm in writing that SMA 277 was effective before they could move forward with the expansion. He added that this type of time extension was common with other permits or approvals where the applicant is given extra time by the Planning Director to meet conditions of approval, and that Condition No. 7 of the SAA determination in this case was also providing the same opportunity to the applicant. Commissioner Van Pernis opined that the Commission’s approval would have to be subject to a time extension of the SMA permit \[SAA determination\]. Chair Dahlberg expressed his agreement. Mr. Jeff Fischer introduced himself as the owner of Island Lava Java. In response to Commissioner Andreae’s question about the original plan for the additional deck area, he stated that the current proposal was what had originally been planned by the property owner, but that it had been rejected by the Department of Public Works, Building Division, due to lack of required building sprinkler at that time. Upon Commissioner Roth’s inquiry, he confirmed that there were no comments from the other tenants, and that the proposed expansion was the property owner’s desire. Commissioner Van Pernis asked if the applicant was willing to apply for a time extension as discussed earlier. Mr. Fischer stated that they were already working with Ms. Esther Imamura of the Planning Department on the SMA related matters. In response to questions about landscaping, Mr. Fischer also stated that the existing landscape had been done according to the previously \[September 1, 2015\] approved landscape plan, and that there was enough room between the subject building and the adjacent building to expand the deck area, move the walkway, and create some landscaping in the remainder. He also confirmed that no more trees would be removed. It was moved by Commissioner Van Pernis that the Commission recommend the Planning Director’s approval of the proposed project as submitted, with a condition that such approval shall not take effect until a time extension of the SMA permit is achieved. Commissioner Andreae questioned whether the Commission should make its approval subject to something that the Planning Department seemed responsible for, or whether the Commission as an advisory body could simply forward its 2