HomeMy WebLinkAboutCOM 0978.003 2012-2014September 2, 2014
To: Hawaii County Council
Re: Written Testimony for Bill 278 for September 5, 2014 Council Meeting
Facts regarding the Rezoning Application
1. Owners violated multiple County rules:
• used building without Occupancy permit;
• used Residential lot to garage industrial trucks;
• improper notification to neighbors before Planning Commission meeting.
2. Owners and consultant are experts in County planning /building matters.
• Knows the loophole(s) and loose departmental oversight of projects.
• Knowingly violated regulations as stated in #1.
3. Rezoning application submitted after - the -fact, not in proper and timely manner.
• Application covers -up fact that property is already in use and in an illegal manner.
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4. Owners have not conducted any study to demonstrate need for the development.
(Application, Exhibit 1, 2nd page of Planning Department questionnaire)
• No pressing need for this project at the present time; similar buildings in area are vacant.
• Other properties along main traffic -ways are available.
Just because re- zoning is allowed does not make it inevitable.
Building stands in a pocket of all single - family lots on an interior street.
Consider each application on its own merits. Ask: is it needed? is it the right time?
County's usual response to scofflaws is corrective action to achieve compliance.
• The biggest loophole: owners know rezone request is virtually guaranteed as long as they
offer corrective action.
• Owners' financial gain is considerably more than the $500 fine maximum.
7. Council has discretionary power to weigh applicant's behavior against what's best for the
community.
• Was building constructed with permit? Nominally, with faulty department oversight.
• Did owners sign application and attest to truthfulness? No.
• Did owners act within the spirit of the rules, submit in good faith? No.
• Will the corrective action discourage future flaunting of rules? No.
• If rezoning is approved, will the public understand why? No.
Iiei. Qute_._
I ask the Council to take these actions:
1. Deny application to rezone. Application is seriously flawed. This applicant, and any future
applicants, cannot be permitted to benefit from illegal use of property and attempt to bypass proper
procedure. If applicant chooses to pursue rezoning, they start back at square one.
2. Escalate fines and levy to the start of all violations. Fines need to be meaningful to have any
power to deter. Corrective action and a $500 fine do not make this application pono, especially
when the owners' benefit exceeds the penalty by far.
3. Mayor and Council must give departments authority to effectively oversee projects and question
inconsistencies. Achieve compliance with proper oversight during the process, not at the end and
with a rubber- stamped exception. Enforce expectation that signing official documents has legal
significance.
Mahalo for thoughtful consideration of my views,
Arlene Kimata
548 Hinano Street
Hilo HI 96720
Ph: 808 - 935 -4745