HomeMy WebLinkAboutRES 175 Draft 02 1994-1996COUNTY OF HAWAII..: STATE OF HAWAII
RESOLUTION N0. 175 95
( Dr<AFr 2 )
WHEREAS, the Planning Department has received complaints
and conducted an investigation of an unauthorized kayak rental
business use being conducted by James Caulkins on the following
property commonly referred to as:
a. TAX MAP KEY: (TMK) 8-2-005: 027
LANDOWNER: HESTER K. MACHADO
P.O. Box 133
Captain Cook, HI 96704
b. BUSINESS OWNER James Caulkins
BUSINESS NAME JIMBO'S KAYAKS
WHEREAS, Upon receipt of complaints and receipt of a video
tape and Planning Department field inspection of the subject
property.
WHEREAS, The Planning Department notified the landowner of
the above referenced property of the above referenced business
use by certified letter that said owners are in violation of
Hawaii County Zoning Code. A copy of the planning department
certified letters dated June 6, 1995 is attached and identified
as Exhibit "A".
WHEREAS, Hawaii County Code, Chapter 25 (Zoning Code),
Article 1 (General Provisions), Division 2, (Administration and
Enforcement), Section 25-15 (a)(b)(Acts prohibited; civil action)
states "The corporation counsel shall, upon order of the council,
immediately commence action or proceedings for the abatement,
removal and enjoinment of the unlawful building, structure,
improvement, development, or use and shall take such other steps
and apply to such courts as may have jurisdiction to grant such
relief, as will abate and remove the unlawful building,
structure, improvement, development or use, and restrain and
enjoin any person from setting up, erecting, building,
maintaining, or using the unlawful building, structure,
improvement or development, or using any property contrary to the
provisions of this chapter."
WHEREAS, the alleged violations of County Zoning Code by the
landowner and the business owner is occurring without County
approval.
NOW THEREFORE BE IT RESOLVED that it is the order of the
County of Hawaii, County Council under Hawaii County Code,
Chapter 25 (Zoning Code), Article 1 (General Provisions),
Division 2, (Administration and Enforcement), Section 25-15
(a)(b)(ACts prohibited; civil action)Section 25-15, that the
Corporation Counsel immediately commence action or proceedings
for the abatement, removal, and enjoinment of the unlawful
structures, development, or use and shall take such other steps
and apply to such courts of proper jurisdiction to grant such
relief as will abate and remove the unlawful improvement,
development or use, and restrain and enjoin any person from
setting up, building, maintaining, or using the unlawful
building, structure, improvement or development, or using any
property contrary to the provisions of the Hawaii County Code
and/or the State of Hawaii Land Use Commission Rules and
Regulations pursuant to Hawaii Revised Statutes Chapter 205.
DATED: Hilo, Hawaii, this 20th day of Septenber 1995.
INTRODUCED BY:
COUNCIL MEMBER, COUNTY OF HAWAII
COti
Coy
I hereby certify that the fc
vote indicated to the right
the County of Hawaii on
ATTEST: '~~ .
COUNTY CLERK
R OLL CAL L VOTE
NTY COUNCIL
of Hawaii
art AYES NOES ABS EX
y
kilo, Hawaii
Arakaki X
Bonk-Abramson X
RESOLUTION was by the
oin
re O"l`l'' X
g
g
COUNCIL of
d b
th
f
d
h ~ I"I'a X
y
e
ereo
a
opte
1995
tanb
r 20
S DO11"g° X
,
ep
e
Osorio }(
Rath }{
Ray X
6~~
` Smith X
si ~~
~
.~ji i~1 7 1 1 0
~`~~l/'X ~~~eference C-237.08/PC-74
ItMAN & PRESIDING OFFICER RESOLUTION NO. ~7S 9S95
Stephen K. Yameahlro
Ma~.r
~nltitf~r o~ ~.ttfirttxi
PLANNING DEPARTMENT
25 Aopuni Sttee6 Gloom I09 • Hllo, Huwtiii 96720.4252
(809) 961.8288 • Pax (808) 98l•9815
dune 6, 1995
Mrs. Halter K. Machado
P.O. Hox 133
Captain Cook, Hawaii 96704
Dear Mrs. Machado:
Virginia Goldn
DI RCIm
Norman Olen,
Dsy~b Dfnnc
Zoning Violation
Kayak Rental Sueinesa in Single Family Residential Zone
Kealakekua Historical District
special Management Area
I would like to first of
you in this matter. Its
caught in between all th
this matter.
My greatest hope is that
work together to resolve
sake.
apologize to have to involve
that you and i are being
and the people involved in
Criends on this matter, and
immediately for evaryone~s
all like to
unfortunate
is confusion
we both be
this matter
with this in mind, may Y ask that you as landowner of the
property, please inform Mr. Caulkins and Mr. Harry Machado that
the "agreement" consummated to allow Mr. Caulkins to store his
truck and Kayaks on the subject property for his kayak rental,,,
business is not a permitted use within the Single Family
Residential zone district and therefore would constitute a zoning
violation.
while Mr. Caulkins may have a peddlers license issued Prom the
Department oP Finance, he has to oonduct his a proved activity
within the County Right-of-way in accordance with the
requirements of the Vendoring law. It appears that he his unable
to do his approved peddling business as allowed by law and is
using your property to conduct his business.
~ ~
- - EXHIBIT A -
Mrs. Hester K. Machado
Page a
June 6, 1995
We would appreciate your cooperation and terminating the
storaging of the kayaks at the subject property for the kayak
rental business as soon as is possible. We would appreciate the
submittal oP a written response that this has been done, so that
we may close the file on this matter.
Should you have any questions, please Peal welcome to contact our
office.
Sincerely
V~funA W~'1
VIRG NIA LDSTE=N
Planning rector
RiiY/rld
c:\wpdocs\tmk\skona\82005027\letter.001
...