HomeMy WebLinkAbout6.2.20 #1 ltr from app, testimony Dr. S. DaughtreyKERN
& ASSOCIATES 194 Wiwoole St. Hilo, HI 96720 (808)333-3393info@zendokem.com June 1, 2020 Mr. Michael Yee, Director Planning Department COUNTY OF HAW All IO 1 Pauahi Street COH PLANNING DEPT JUN 2 2020 At-19:35 Hilo, HI 96720 Dear Mr. Yee: Subject: Special Permit Application
Applicant: Deirdre and Benjamin lmagire
Orchidland, Keaau, HawaU, TMK: (3) 1-6-009: 017 Regarding the Proposed Findings of Fact; Conclusions of Law and Decision and Order (D&O) for the above referenced Special Permit Application please see the following comments: REC'D BY EHA:L The objection that the proposed use is not a reasonable use of land situated within the Agricultural District because it is contrary to standard building permit process, deserves further consideration. According to the November 19, 2019 letter from Department of Public Works, Building Division, ''The use of a dwelling as a business would not be acceptable as shown. Conversion to a business use would require a 'Change of Use' application and compliance with Building Code (Chapter 5), along with compliance with the American [sic] with Disabilities Act (ADA) including parking, signage, path of travel, thresholds, clearances, etc." The provided site and floor plans are conceptual and not intended as construction documents. Revisions necessary to meet current codes will be implemented as part of the permitting process. As stated in the Special Permit application and clarified in subsequent communications, the structure in question would never be used simultaneously as business and dwelling. Further, the applicants are aware of the requirements of a 'Change of Use' application and will fulfill those at the proper time, prior to converting the use of the structure to business use. The D&O also states that "The proposed use does not promote the effectiveness and objectives of Chapter 205, H.R.S., as amended, because it does not establish an effective land use pattern." Also "The proposed commercial use would be located outside of any of the established commercial areas or village centers and in a rural, low density residential/agricultural neighborhood. Thus, this proposed commercial use is an inappropriate land use for this particular area." This reasoning seems to contravene the very purpose of a Special Permit to allow certain unusual and reasonable uses within agricultural and rural districts other than those for which the district is classified. Categorically denying an otherwise reasonable and unusual 133276
194 Wiwoole St. Hilo, HI 96720
1\,'_ 808) 333-3393
1\K_.\ & ASSOCIATES info@zendokern.com
commercial use because it is outside of areas established as the central commercial areas
would be grounds for denying any proposed Special Permit.
The D&O also states that the proposed use"could unreasonably burden public agencies to
provide infrastructure because the access road is substandard and cannot accommodate an
increase in traffic."
Ilima Street is a private access road, and the County does not provide maintenance services
on these subdivision roads. Any maintenance required on Ilima Street would be a private
matter within the Orchidland Community. Further, reasonable improvements deemed
necessary would be considered as conditions of approval of the Special Permit.
Further the General Plan and PCDP goals and policies identified to oppose the proposed use
should be taken in balance with the goals and policies in support of the proposed use. These
arc many and listed in the background report.
The current COVID-19 pandemic has upended many of the systems that have traditionally
served to organize our lives and communities. Further,the economic impacts have been
severe and widespread.This crisis has underscored the necessity for systems to be adaptable
and flexible,as rigidity in rapidly changing conditions begets brittleness and ultimately
breaking. The rapidly evolving crisis and social distancing guidelines enacted to mitigate the
impacts of the pandemic have called into question the very structure of our communities and
built environments serving them. In light of these developments one would hope our
governments would take proactive measures in furthering economic opportunities and
adapting to changing conditions rather than rigidly enforcing ideals that may no longer be
optimal and may in fact be harmful in changing times.
If there are questions relating to this matter, please feel free to direct them to me. Thank you
very much.
Sincerel ,
ZENDO KERN
Planning Consultant
Enclosures: Copy—Deirdre& Benjamin Imagire
Mori, Ashley
From: Katrina Kern <katrina@zendokern.com>
Sent: Monday, June 01, 2020 12:30 PM
To: Planning Internet Mail COWc NTT PT
Subject: Fwd: Dr. IMAGIRE OFFICE APPROVAL JUN I
l'i 2020
1D:
4
Aloha,
Please see the comment below from Sally Boyd-Daughtrey for Deirdre and Benjamin Imagire's Special
Permit Application, TMK: (3) 1-6-009: 017.
Mahalo,
Katrina Kern
Office Administrator
Kern & Associates
194 Wiwoole St.
Hilo, HI 96720
808) 333-3393
katrina@zendokem.com
KERN
ASSO(:lXI'ES
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1 133250
Forwarded message
From: Sally Boyd-Daughtrey <drsally@vitalitymedicine.org>
To: <info@zendokern.com>
Date: Mon, 01 Jun 2020 11:30:19 -1000
Subject: Dr. IMAGIRE OFFICE APPROVAL
Forwarded message
County of Hawaii
Planning Commission
101 Pauahi Street
Hilo, HI 96720
Regarding the application of Deirdre and Benjamin Imagire to have a chiropractic office at 16-214 Ilima St., ...
Dear Mr. Honorable Chairman of the Planning Commission:
Health care in Hawaii is increasingly hard to access. Dr Imagire is an excellent provider of spinal and back care
and is providing an affordable and essential service to the community. I depend on him for my quality of
life! Without access to Dr Imagire, I get debilitating migraines.
Please do everything possible to increase easy and convenient access to his clinic, including allowing him to be
more accessible in emergencies by opening an office in front of his home. I am sure this alone will save a
significant amount of stress on our overworked Emergency Department At HMC due to the significant
joint pain relief that his care provides.
Aloha,
Dr Sally Boyd Daughtrey
Vitality Integrative Medicine
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