HomeMy WebLinkAbout93_005r
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Stephen K. Yamashiro
Mayor
CERTIFIED MAIL
September 23, 1993
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PLANNING COMMISSION
25 Aupuni Street, Room 109 • Hilo, Hawaii 96720-4252
(808) 961-8288 Fax (808) 961-9615
Ms. Agnes Renetha "Renni" Vann
PO Box 704
Kailua-Kona, HI 96745
Dear Ms. Vann:
Use Permit Application (USE 93-5)
Applicant: Agnes Renetha "Renni" Vann
Request: Establish Licensed Massage Therapy Office Within
an Existing Single Family Dwelling
Tax Map KeV: 7-8-14:70
The Planning Commission at a duly advertised public hearing on
September 16, 1993, considered your request for a Use Permit in
accordance to Chapter 25, (Zoning Code), Hawaii County Code 1983, as
amended and Rule 7 of the Planning Commission Rules of Practice and
Procedure, to allow the establishment of a sole practitioner licensed
massage therapy office on 11,325 square feet of land in the Single
Family Residential - 7,500 square foot (RS -7.5) zoned district. The
property is located on the mauka side of Alii Drive approximately
1000 feet north (Kohala) side of Kahaluu Beach Park, Kahaluu Beach
Lots, Kahaluu, North Kona, Hawaii.
The Commission voted to deny Use Permit No. 114 based on the
following findings:
1. The granting of the proposed use will NOT BE CONSISTENT
with the general purpose of the zoned (Single Family
Residential) district, the intent and purpose of the Zoning
Code, and the County General Plan. The subject property is
not owned by the applicant, and has a WARRANTY DEED and
DECLARATION OF PROTECTIVE PROVISIONS recorded with the
Bureau of Conveyances which limits what uses may be
conducted on it. The contents of these documents clearly
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SEP 2 3 1993
Ms. Agnes Renetha "Renni" Vann
September 23, 1993
Page 2
state that business or trade is not permitted on the
subject property.
2. Granting of the proposed use WILL BE materially detrimental
to the public welfare and cause substantial adverse impact
to the community's character or to surrounding properties.
DECLARATION OF PROTECTIVE PROVISIONS (Document
No. 82-17369) states on Page 3, Article II Restrictions,
Section 1 Use that "All residential lots shall be occupied
and used only for residential purposes and only one (1)
single family dwelling (exclusive of outbuildings) shall be
erected, placed, maintained or allowed on a residential
lot. No building or structure on a residential lot shall
be used as a tenement house, rooming house or apartment
house or for or in connections with the carrying on of any
business or trade whatsoever..." The key words in this
article are "...used only for residential purposes" and "no
building or structure on a residential lot shall be
used... in connection with the carrying on of any business
or trade whatsoever."
3. Granting of the proposed use will not adversely affect
similar or related existing uses within the surrounding
area, community or region. Uses within the neighborhood
are also limited by the restrictive language in the
WARRANTY DEED and DECLARATION OF PROTECTIVE PROVISIONS.
Conflicting land use will occur if the request is approved.
4. Although the granting of the proposed use will not
unreasonably burden public agencies to provide roads and
streets, sewer, water, drainage, schools, police and fire
protection and other related infrastructure, the request
will not meet all the requirements of Section 7-6 of
Planning Commission Rule 7, Use Permits.
The Commission's denial decision is appealable to the Board of
Appeals within thirty days after receipt of the Planning Commission's
decision pursuant to its rules.
Ms. Agnes Renetha "Renni" Vann
September 23, 1993
Page 3
Should there be further questions on this matter, please feel free to
contact Rodney Nakano or Royden Yamasato of the Planning Department
at 961-8288.
Sincerely,
Donald L. Manalili, Chairman
Planning Commission
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LVann-02.PC
xc: Honorable Stephen K. Yamashiro, Mayor
Planning Director
Corporation Counsel
West Hawaii Office
Plan Approval.Section