HomeMy WebLinkAboutUSE_4PLANNING COMMISSION OF THE PLANNING DEPARTMENT
COUNTY OF HAWAII
In the Matter of the Appeal of )
the Board of Land and Natural ) Use Permit Application
Resources, State of Hawaii ) No. 4
Tax Map Key: 2-4-13:1 ) .
FINDINGS OF FACT
CONCLUSIONS OF LAW
and
DECISION AND ORDER
PLANNING COMMISSION OF THE PLANNING DEPARTMENT
COUNTY OF HAWAII
In the Matter of the Appeal of )
the Board of Land and Natural ) Use Permit Application
Resources, State of Hawaii )
No. 4
Tax Map Key: 2-4-13;1 )
FINDINGS OF FACT
CONCLUSIONS OF LAW
and
DECISION AND ORDER
The above -entitled matter was brought on for hearing before the
Planning Commission of the Planning Department, County of Hawaii, on
the 19th day of November, 1970 in the County Council Room, County
Building, Hilo, Hawaii at which hearing JAMES CLARKE.. appeared on
behalf of the Applicant, Board of Land and Natural Resources, and
the Planning Commission having heard the testimony and having
examined the exhibits does hereby declare its Findings of Fact,
Conclusions of Law, and Decision and Order.
FINDINGS OF FACT
1. A 'use permit' to utilize a twenty (20) acre parcel,
described as Tax Map Key 2-4-13:1. for the grazing of cattle was
received on October 9, 1970.
2. A preliminary hearing was held on November 5, 1970 and
the matter was scheduled for a public hearing.
3. A public hearing was held on November 19, 1970.
4. The undeveloped twenty (20) acre parcel, owned by the
State of Hawaii, fronts Puainako Street, mauka of Pohakulani
Street, in the Waiakea Homesteads 1st series area, Waiakea, South
Hilo, Hawaii.
5. The subject area is zoned as a 'Single Family Residential'
District.
6. Abutting the subject parcel is a twenty (20) acre unde-
veloped parcel on the mauka side and an eighteen and eight -tenths
(18.8) acre undeveloped parcel in the Puna direction. Makai of the
area under consideration are residential lots which front on Pohaku-
lani Street. These lots range in size from ten thousand eight
hundred (101800) square feet to two and one-half (2-1/2) acres and
have fourteen (14) residential dwellings constructed on them. Across
Puainako Street is located the Puainako Houselots Subdivision which
contain no dwellings at the present.
7. The State Board of Land and Natural Resources requested
the temporary use permit due to the withdrawal of property from a
lease that had five (5) more years to run. The withdrawal of the
property from the existing lease was to make house lots available.
8. The Board of Land and Natural Resources agreed to issue a
temporary grazing permit on a month-to-month basis on the subject
parcel if the County agree to it.
9. Individual public hearing notices were sent to surrounding
land owners within a five hundred (500) foot radius.
CONCLUSIONS OF LAW
1. The Planning Commission has jurisdiction to hear and
decide special exceptions from the permitted uses of each district
of the Zoning Ordinance upon which the Commission is required to
pass under such ordinance.
2. All procedural requirements as prescribed by law have
been complied with.
3. The requirements for the granting of a use permit have
not been met.
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DECISION AND ORDER
Based on the testimony and exhibits introduced at the hearing
and the foregoing Findings of Fact and Conclusions of Law, it is
the decision of the Planning Commission and it is hereby ordered
that the application of the Board of Land and Natural Resources for
a use permit from Section 9-B of Zoning Ordinance No. 63, pertaining
to utilizing a residential zoned parcel, Tax Map Key 2-4-13:1, loca-
ted in Waiakea® South Hilo, Hawaii, be and is hereby denied on its
merits.
1971.
Dated at Hilo, Hawaii, this 29th day of April ,
PLANNING COMMISSION
B ,
Chairma
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