HomeMy WebLinkAboutCOM 0898.000 1996-1998
RECEIVEO
.
April 21, 1998
County Council
Aloha County Council:
My husband and I own a commercial building in Pahoa Village,
TMK # 3-1-5-12-48, Lot 1-A. We are currently operating a
gift and clothing store in part of the building, and plan to
open a juice bar in one corner of the building, with a take
out window on the front of the building.
Wflen we submitted our plans to the Planning Department, we were
advised that we need special approval from the County Council,
under Section 25-4-6 Use of Streets (copy enclosed) to allow
customers to stand on the concrete pad in front of the take out
window, a portion of which is the county right-of-way.
I'm attaching a copy of the drawing of the building, with the
area of the proposed juice bar hilited. It appears that our
property line extends approximately 24 inches in front of the
building. The entire depth of the concrete pad, from the
front of the building to the edge of the street is 80 inches.
We were advised by the Planning Department that there have been
precedents for this type of approval from the County Council,
including Bear's Coffee in Hilo, enabling them to place tables
on the sidewalk.
Please let me know what further requirements are necessary
to submit this request for the Council's approval. I would
like to be notified of the agenda date so I can be present and
give testimony.
You can reach me at 965-9340 or at the address below.
cc: Rodney Nakano Sincerely,
Planning Program Manager ( r)~,
C7~~-KYY 1/~ tmC7t.VI drl~
Russell Kokubun COLLEEN MANDALA
Deputy Planning Director P.O. Box 1546
Pahoa, HI 96778
"J 2 2 19yg
Section 25-4-4. Uses prohibited. Any use not listed among the permitted uses in a
zoning district is a prohibited use within that district, except as otherwise provided in this
chapter.
Section 25-4-5. Uses authorized by other permits. In all districts, all land uses
allowed in permits granted by the state land use commission or the commission pursuant to
chapter 205, Hawaii Revised Statutes, all land uses allowed in permits issued by the commission
or the director pursuant to chapter 205A, Hawaii Revised Statutes, and all land uses allowed in
permits issued by the state board of land and natural resources pursuant to chapter 183C, Hawaii
Revised Statutes, or any amendment thereto, shall be deemed to be permitted uses.
Section 25-4-6. Use of streets. Except as permitted by the council, no street shall be
used for the display, sale, or private storage of any commodity or any material, nor shall any
structure be placed therein other than a driveway, ramp or similar structure that is necessary for
vehicular access to the adjoining property. This section shall not prohibit normal street
improvements and those other facilities normally placed in streets.
Section 254-7. Bed and breakfast establishments.
(a) Bed and breakfast establishments shall be permitted in the RD., RM, RCX, RA, FA,
A, V, CN, CG and CV districts, provided that plan approval for any bed and breakfast
establishment is secured from the director prior to the establishment of such use. A bed and
breakfast establishment may be permitted in the RS districts provided that a use permit is
obtained for each such use and that plan approval for each such use has been secured from the
directcr. A special permit shall also be required for any bed and breakfast establishment located
in either the state land use rural or agricultural districts.
(b) A bed and breakfast establishment shall be subject to the following restrictions and
standards:
(1) The bed and breakfast establishment shall be accessory and subordinate to the
principal use as a residence by its owners or lessee.
(2) The owner-operator or lessee-operator of the bed and breakfast establishment
shall reside on the same building site as that being used for the bed and breakfast establishment.
For purposes of this section, a lessee-operator means a lessee holding a lease of five years or
more, for the residence and land on which the bed and breakfast establishment is located.
52
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