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HomeMy WebLinkAbout2003-01-17 TCANN-FERREIRA PLANNING COMMISSION COUNTY OF HAWAI`I HEARING TRANSCRIPT January 17, 2003 A regularly advertised public hearing on the application of PATRICIA CANN- was called to order at 11:16 a.m. in the County Building, FERREIRA (SPP 02-041) Councilroom-Room 201, 25 Aupuni Street, Hilo, Hawai`i, with Chairperson Fred Galdones presiding. PRESENT:Fred Galdones ABSENT & EXCUSED: Aurelio C. Mina, Jr. Earl Fujikawa Hannah Springer Geraldine Giffin Florence Kubota Jeffrey McCall Francis Smith Grant Togashi Ivan Torigoe, Deputy Corporation Counsel Christopher J. Yuen, Planning Director Alice Kawaha, Staff Planner Susan Gagorik, Staff Planner Esther Imamura, Staff Planner Larry Brown, Staff Planner And approximately 5 people from the public in attendance. APPLICANT: PATRICIA CANN-FERREIRA (SPP 02-041) - Application for a Special Permit to legitimize an existing hair cutting/beauty salon (Home Occupation) within an approximately 100 square foot area of an existing dwelling situated on one acre of land in the State Land Use Agricultural District. The property is located in Hilo Heights Subdivision on the north side of Haleloke Street, Punahoa 1st,South Hilo, G`v`hkh+SLJ91,4,47911- GALDONES:Commissioners, we are on New Business, Agenda Item No. 6. ItÓs an application by Patricia Cann-Ferreira (SPP 02-041). This is an application for a Special Permit to legitimize an existing hair cutting/beau Occupation) within an approximately 100-square foot area of an existing dwelling situated on one acre of land in the State Land Use Agricultural District. Susan? GAGORIK:Thank you, Mr. Chairman. This is Kaumana Drive located here coming up in this direction. This is Akolea Road running across here, and it connects to Waianuenue Avenue located here. The subject property is located on Haleloke Street. This is shown here in the red dot. Haleloke is a deadend, one parcel EXHIBIT D over from the subject property. The lots here are zoned all Ag-1 acre. The subject property is zoned 1-acre and is approximately 1 acre in size in this area here. If you look at the subject location, site plan, this is Haleloke Street. The subject property is located in the blue here. There is an existing dwelling. There is an existing carport here, the beauty salon is located here in purple. ItÓs located in the laundry room. There is a covered deck located here. There is also another storage facility here and a shed here. There are, there are no existing neighbors located here. This is just a large parcel located to the rear and there is an existing neighbor located here. The Applicant is requesting to legitimize the beauty salon. ItÓs a small salon that is located in her laundry room; and itÓs a home occupation. They reside on the subject property. The Planning Director is recommending that this request be approved. We have had some concerns expressed by the adjacent neighbor; and there are some photos that are circulating. And we do have on file his concerns expressed in a letter. Are there any questions? GALDONES:Commissioners, questions of staff? KUBOTA:Mr. Chair? GALDONES:Commissioner Kubota? KUBOTA:Would you say the last sentence over again, please? GAGORIK:What did I say? KUBOTA:I donÓt know what you said. I missed it. GALDONES:Photos. GAGORIK:Photos. We have photos that are being circulated also that have, the adjacent neighbor submitted. KUBOTA:That the adjacent neighbor submitted? GAGORIK:Yes. And I believe the neighbor is here so he can provide public testimony about his concerns. KUBOTA:I see, thank you. GALDONES:Any questions of staff? Hearing none, is the Applicant or its representative here? Could you please come forward? Good morning. Could you please raise your right hand? Do you swear or affirm to tell the truth on this matter now before the Hawaii County Planning Commission? TESTIFIERS:I do. GALDONES:Please state your name and your resident address. 2 P. CANN-FERREIRA:My name is Patricia Cann-Ferreira. I reside at 1600 Haleloke Street, Hilo. J. CANN-FERREIRA:My name is James Ferreira. I reside at 1600 Haleloke Street. GALDONES:Did you receive the Background Report and also the Recommendation from the Department? P. CANN-FERREIRA:Yes. GALDONES:Do you have any comments or questions on either document? CANN-FERREIRA:None. GALDONES:None. Commissioners, any questions of the Applicants? KUBOTA:I have a question. GALDONES:Commissioner Kubota? KUBOTA:Ms. Ferreira, on your Special Permit application Background Information, page 2, H under 4, 4H, What did you mean sentence, third sentence, the last sentence, Ðso one could argue that she could continue to care for the hair needs of her family irregardless of the outcome of the request for a Special Permit.Ñ What does that refer to? P. CANN-FERREIRA:What page? KUBOTA:Page 2 of your Background Information? P. CANN-FERREIRA:Is that part of the Recommendation? KUBOTA:No, itÓs under your -. GIFFIN:Application. KUBOTA:Application form, yeah. ItÓs on page 2, No. 4, H. P. CANN-FERREIRA:IÓm sorry. What was it? KUBOTA:Yeah, throughout this application you say itÓs to service your family and friends, former clients from your other shop, and so forth and so on, that you do not charge your family members but you do charge your friends and your clients, 3 former clients, that come to you. And then you added in this sentence and you say, Ðso one could argue that she,Ñ meaning I guess you, somebody wrote this for you, Ðshe could continue to care for the hair needs of her family irregardless of the outcome of her request for the Special Permit.Ñ That means if, okay, you tell me what P. CANN-FERREIRA:Basically I just do this for the people that I have been in contact with. And regardless whether I donÓt charge them or not, I would still do that for them because I do it for a hobby, for just, for somebody. GIFFIN:If she doesnÓt charge. KUBOTA:I beg your pardon? GIFFIN:I think, Mrs. Kubota, and correct me if IÓm wrong. I thi sheÓs saying that if she doesnÓt charge and sheÓs doing this as a gratis favor to other people, she could continue to do it in her home. Is that true? P. CANN-FERREIRA:Yes. GIFFIN:Which I think is correct. KUBOTA:But you do now charge? Yes? GIFFIN:Some people. P. CANN-FERREIRA:Some people. KUBOTA:Some people, yeah, your clients and your friends, you charge. P. CANN-FERREIRA:Maybe the older, the clientele that I still see -. KUBOTA:Okay. So youÓre saying, then, if I understand you correctly, youÓre saying that if the permit is not granted you, you will still do it but not charge. P. CANN-FERREIRA:Right. KUBOTA:Oh, okay. I didnÓt quite understand. I mean, thatÓs logical. IÓm not saying you canÓt do that, but I didnÓt quite understand what you were saying. Because I thought the distinction was between family members and outside clients, such as friends and old clients. GALDONES:Commissioners, any further questions? Commissioner Fujikawa? 4 FUJIKAWA:On this here, this application just to be legal, now, most of it, this goes to the Planning Director. If sheÓs doing it as a time fulfillment hobby, why does she have to get a permit? YUEN:She wouldnÓt have to do it. She wouldnÓt have to get a permit if she didnÓt charge for it. ItÓs strictly because thereÓs a commercial nature to it. If there wasnÓt a charge, weÓd look at it, I mean, if that was and legitimately, she was not charging people, we would look at it as an accessory to the use of the home. FUJIKAWA:I see. YUEN:To put this all, for the benefit of the Commission, to put this in a little broader perspective, in a Residential zone thereÓs a range of businesses that you can do out of your home and you donÓt have to go to any kind to the Planning Commission to get a permit for it. ThereÓs a section in the Zoning Code called Home Occupation. Let me just summarize Home Occupation as you have a maximum of one employee in a Home Occupation. There are a lot of limitations on storing things. ItÓs supposed to be in, the business is supposed to be in the home or I think youÓre allowed, or an accessory structure to the home. There are a lot of limitations to a Home Occupation. But you could have, if she were in a Residential zone, she could do what she proposes to do as a Home Occupation without getting a permit from the Planning Department or especially not, getting no kind of permit from the Planning Commission. Okay? Things that you canÓt do as a Home Occupation are repair cars, you canÓt do anything thatÓs only allowed in an Industrial zone. So you canÓt have a warehouse, you canÓt have a construction baseyard. Some of those kinds of things are limited out of Home Occupation. As a matter of policy, we think that the same kinds of things, people should be able to do the same kinds of things in the Agricultural Districts without getting a Special Permit. However, the State Land Use Law is currently worded in such a re this application she does need a Special Permit. We have a bill, we proposed it last year, it didnÓt pass, weÓre proposing it again this year, that would essentially let the counties have the power to establish rules for Home Occupation in the Ag District. Then we would followup with an ordinance with the County Council that would say that thereÓs a certain level of business that you should be able to do outside of your home, a home occupation, something that doesnÓt cause a big commotion in the neighborhood that doesnÓt have a lot of people coming and going. And we would support that, so that these kinds of very small businesses donÓt have to come in and have a full-blown hearing at the Planning Commission. FUJIKAWA:I see. I have another one. GALDONES:Commissioner Fujikawa? 5 FUJIKAWA:So in that case, on her, we give a recommendation on item No. 6, ÐAll parking shall be maintained on the subject property,Ñ thatÓs kind of rough. Because what if she had a party, then is the neighbors going to think that she can have all the customers or what, you know? She already got one seat to sit on. YUEN:That only applies to parking for her business. If she has a party and people have to park on the street, as long as itÓs not a hair-cutting party, which is something IÓve never heard of, then she, like anyone else -. WeÓre not trying to control her activities except for, with this permit, except with respect to the hair salon business. FUJIKAWA:Must that be in the condition, that parking should be maintained on the subject property? YUEN:The intent of that is for customer parking, that they park her property. GALDONES:Commissioners, any further questions? None? I donÓt have anybody from the public who had signed up to testify but IÓd like to open this opportunity up if somebody wants to testify on this agenda item. Hearing none, Commissioner Fujikawa? Sir. You want to testify, sir? FREYSER:Yes, I do. GALDONES:Could you please come forward. Could you raise your right hand, please. Do you swear or affirm to tell the truth on this matter now before the Hawaii County Planning Commission? FREYSER:I do. GALDONES:Could you please state your name and your resident address? FREYSER:My name is William Freyser. I live at 1592 Haleloke Street, next door to the Applicant. GALDONES:You may begin your testimony. FREYSER:Mr. Chairman, Commission members. I sent you a letter objecting to the approval of the application. It has about 40 pages. It includes a letter I sent to you, Mr. Yuen, objecting to the approval of the application. Do I understand that that letter has been received and that Commission members have had an opportunity to read it? GIFFIN:Not 40 pages. Did you say your letter was 40 pages long? FREYSER:ItÓs approximately 40 pages, including the enclosures. 6 KUBOTA:We havenÓt received that. GALDONES:Susan, was the letter submitted by Mr. Freyser? th GAGORIK:ThereÓs a letter dated January 5 and there were attachments to that letter. GIFFIN:I have the letter -. KUBOTA:I have the letter. GIFFIN:But not the attachments GALDONES:Yes, we do. I do have that letter but not the 40 pages that Mr. Freyser is speaking of. Mr. Freyser, do you want to continue stating your objections to this? FREYSER:Mr. Chairman, that letter with the enclosures was sent certified and I received notification of the fact that it was received. The address was to Planning Commission, to Mr. Yuen. If the Commission, and you, Mr. Chairman, have not had access to all of those enclosures, then I donÓt think weÓre prepared to address the request for the application. GAGORIK:Alice just went to have copies made of the enclosures. FREYSER:I beg your pardon? GAGORIK:Alice, she just went to make copies of it for the Commission. Apparently only the cover letter was made, was provided to the Commission and not the enclosures. FREYSER:Was there some reason why the enclosures were not given, also? GAGORIK:It was inadvertently not attached. FREYSER:I beg your pardon. I am hard of hearing. GAGORIK:It was inadvertently not attached to the letter. In error it ws not attached. FREYSER:It was mailed all in one folder. GAGORIK:Right. 7 GIFFIN:Mr. Chairman? GALDONES:Commissioner Giffin? GIFFIN:May I suggest that we, while weÓre waiting for staff to duplicate the enclosures, that instead of the testifier speaking go into a recess? GALDONES:If there is no objection from the Commissioners, I would like to entertain that motion, if you could incorporate that into a motion. GIFFIN:I so move. KUBOTA:Second. GALDONES:It has been moved and seconded that the Commission go into recess so we have that opportunity to review the 40-page document that was submitted by Mr. Freyser before we take any further action. Is there any discussion or objection to that motion? Hearing none, we are in recess. RECESSEDThe Chair called a recess at 11:35 a.m. RECONVENEDThe meeting reconvened at 11:47 a.m. GALDONES:Commissioners, the Planning Commission is back in order. During the recess we had received some documents, two documents, two different piles of it. WeÓve had an opportunity to review that. Let the record show that these documents will be added to the record for consideration in this application. Susan, I have a question of staff and, also, probably directed to Director Yuen. In consideration of this application, were these documents considered in the Recommendation? GAGORIK:The Recommendation was drafted before we received this. We received it yesterday. But the issues that are raised in there are addressed through conditions that we have. Basically, in terms of the permit, the Applicant has to comply with, you know, all applicable agency requirements, including Building Department for permits, Department of Health, for, you know, any licenses that she may need to comply with. All of that was addressed through our permit process. There may be other issues that were raised in those correspondences that can be addressed today, if need to. GALDONES:Mr. Yuen, there were other subject matters, aside from permit, that is aside from the relation to the permit that are b documents. To what extent must the Recommendation address those YUEN:There are a number of things complained of that are not really, that are not zoning issues; and, so, theyÓre not part of the Recommendation. I think what the most pertinent thing to note is that there were c unpermitted businesses being operated in violation of the Zoning Code. The complaints 8 came to our office, my investigator went out and checked. The only violation of the Zoning Code that he verified was the salon; and the Applicant was instructed to apply for this Special Permit. GALDONES:Commissioners, any questions? FUJIKAWA:A question. GALDONES:Commissioner Fujikawa? FUJIKAWA:Yeah, on this letter, this research report, the findings are, the noise and all that has nothing to do with the, pertaining to the application of the permit; and IÓm just focusing on looking at the issue as the permit itself. The rest is just typical living, could be a hobby of a husband or sports, whatever; but it has nothing to do with the application. GALDONES:Any other questions, Commissioners of staff? If not, I would like to call Mr. Freyser back to the table, please? Mr. Freyser, I just want to remind you that youÓre still under oath to tell the truth. Do you wish to add any more comments to the documents that you had sent over to the Planning Department? FREYSER:Yes. Probably there are several comments. Is anyone on the Commission that has read the attachments to my objections? GALDONES:Yeah. FREYSER:Are there any questions? GALDONES:Okay. I will give you the first opportunity to say something. If you donÓt have, then I will give the Commissioners the opportunity to question you. FREYSER:The reason I objected to the application is that itÓs not appropriate for that particular area. The Applicant has demonstrated contempt for the law. No one here, while asking about whether or not anyone was charged for her services, even asked whether or not there was a license involved. You cannot run a beauty shop without a license. Mr. Yuen, youÓre a lawyer, you know that. In order to get that license, you have to get a permit from the Health Department. ThereÓs no permit. The building portion is being used as a beauty shop, and has been for several years, is in violation for the law. The Applicant doesnÓt have a license to run it and also doesnÓt have a general excise tax license to pay taxes for those people she charges. Living next door to those people, my property has gone down in value because of all that activity and subdivisions that has covenants and restrictions. Everyone who bought property in that subdivision had to sign and agree to those covenants and restriction as a condition to purchasing the property. 9 Those covenants and restrictions are part of the attachments. To give you an example of how difficult it is, if you go out there today you will see construction going on. IÓm building a stonewall six feet high on my property for the sole purpose of trying to mitigate the noise coming from my neighbors. The cost so far is well over $16,000. I am retired. I do not have any income other than fixed income from my retirement. Put yourself in my position. I am not in violation of any law and I never have been. IÓm a citizen in good standing and I deserve the protection from the County, and particularly from the Planning Commission who knows better than the rest of us laymen what the law is. If there are any further questions, IÓd be glad to explain it further. GALDONES:Commissioners, anyone has questions for Mr. Freyser? Okay. Hearing none, Mr. Freyser, do you want to add anything more to your testimony? FREYSER:No, I think that everyone here is well educated enough, having read and listened to the testimony that they can make an intelligent decision. Thank you. GALDONES:Thank you very much for being here. KUBOTA:Mr. Chairman? GALDONES:Commissioner Kubota? KUBOTA:As an after-thought, Mr. Freyser, we are in receipt of the attorney, supervising attorney, from RICO bringing almost like a closure to your complaints saying that they have issued an advisory letter to Mrs. Cann-Ferreira advising her of the law regarding the beauty shop and they find that other than the fact that she is operating a beauty shop without a Special Permit that they canÓt, they donÓt see any other violations. I mean, thatÓs almost telling us that itÓs a closed case. And for us to be deliberating on your other complaints that have nothing to do with the Special Permit is not within our jurisdiction. I hope you understand that. FREYSER:Yes, I do understand that. The other things are not within your jurisdiction but those other things, absolutely would have to in taking into consideration just by common sense. The letter that you received back from RICO does not refer to the Special Permit. It refers to further legal action on her part. The reason she cannot take further legal action according to her is that thereÓs no way to prove that the Applicant has received money for services and not having a license to do so. YouÓve listened to the Applicant admit to receiving money for her services. Does that answer your question? KUBOTA:Yes. Thank you. GALDONES:Any further questions or comments? Commissioner Togashi? 10 TOGASHI:I was wondering, Mr. Freyser, have you received a copy or have you seen this Planning DirectorÓs Recommendation which, in this Recommendation here, it also points out mitigating conditions with regard to the Special Permit? And perhaps, maybe, by looking at these conditions, it may allay some of your fears, yeah. And Susan Gagorik from my staff pointed out that before they can, I guess, begin operating their salon, yeah, they need to fulfill some of these conditions, such as getting a building permit and -. FREYSER:That I have not received. TOGASHI:IÓm just wondering that perhaps by looking at some of these conditions which our Planning Director has outlined as conditions for granting the permit, that perhaps this may allay some of your fears and -. FREYSER:The Planning Director didnÓt see fit to provide me with that. TOGASHI:Well, I donÓt think he needs to do that. But this is, y know, something that you have every right to look at. FREYSER:What I have received only is the ÐDear neighborÑ of the request from the applicant. It has a site plan that does not resemble that. The site plan, as I mentioned in there, is incorrect. TOGASHI:But, anyway, I guess to reiterate, I guess perhaps, yeah -. FREYSER:I did not receive this one. TOGASHI:Allay some of your fears? FREYSER:Thank you, Commissioners, for having had the opportunity to review them. TOGASHI:But there is, basically, kind of like an all-encompassing mitigating condition in here. It basically says that itÓs a, kind of like what -. They refer to it as a nuisance cause or condition where I guess if, you know, theyÓre not fulfilling the terms of the conditions of the permit, that you have every right to, you know, contact the Planning Director. And I guess he has the prerogative of even putting the matter back before the Planning Commission for reconsideration. So there is another, I guess, maybe a condition, all-encompassing condition, should you not feel that there has been adequate mitigation that you can, you know, again, contact Director Yuen. is to bring back the matter to the Commission should it be, IÓm not saying that itÓs going to be granted, but should the matter be, the permit be granted today that you have that option again to contact Mr. Yuen if, you know, the permittee is not living up to his or her obligations commensurate with the permit. 11 FREYSER:IÓm not sure whether that might give me a great deal of comfort but perhaps Mr. Yuen could address why I wasnÓt provided with a copy since I was one of the people who objected. GALDONES:Director Yuen? YUEN:ItÓs a recommendation of what to do to the Planning Commission; and we donÓt routinely send that out to members of the public or even people who do send letters. IÓm sorry, thatÓs not a standard practice. We would have given it had you asked. FREYSER:WouldnÓt it seem more logical to the Commission members or the Applicant to comply with the State and County laws for requesting a Special Permit rather than promising to do so if the Special Permit is granted? Is there anyone that thinks that that wouldnÓt be a more reasonable way to do it? GALDONES:Mr. Freyser, the concerns that you had raised in your documents, they are legitimate concerns as a neighbor. However, the Commission is governed by certain rules and guidelines; and some of those rules and guidelines, unfortunately, does not encompass some of the things that you are bringing up in your document. Although it may seem that itÓs part and parcel and it should be, nevertheless, the rules that we are governed by must be followed. And as far as the document, this recommendation that Commissioner Togashi had mentioned to you, it would have been a good idea for you to have that in your hand. It is not part of the policy and procedures that it is given to the public, but it is available for them. Now, if you would like to, for your comfort level, I could ask Susan to go over the conditions to which the permit has been recommended for approval, if you would like to do so. FREYSER:Yes, I would like to have as much information as possibl My reading of Rule 6, which I believe is what governs the Special Permit process does address many of the issues that I brought up in these attachments. If you all have a copy of Rule 6 -. GIFFIN:Yes, we do. GALDONES:Yes, we do. Susan, could you, then, for Mr. FreyserÓs GAGORIK:In the Recommendation Report, on page 5, we have a list of conditions that the Planning Director is recommending approval with the Special Permit. FREYSER:IÓm not sure which one of these point to, which in particular are you referencing? 12 GAGORIK:The permit is being recommended to be approved subject to nine conditions -. FREYSER:Right. GAGORIK:Okay. And the nine conditions, No. 1, basically, is that the Applicant or successors shall comply with all of the stated conditions of approval. ThatÓs the first one. The second one is that the Applicant needs to finalize all necessary permits as required by the Department of Public Works, Building Division within six months from the effective date of this permit. That means should the Planning Commission Applicant will need to start immediately initiating procedures to secure all of the building permits for structures that are not secured. For example, the shed, the storage facility, converting the room to the beauty salon, all needs to have building permits within six months. Okay? FREYSER: And doesnÓt that also include the pig pen that is built on the property line in the setback area and encroaches on TMK north of the ApplicantÓs property which does not appear on here but it is on the one that GAGORIK:Any structure thatÓs on the property that is considered a structure which would be over 6 feet in height will need to have a building permit. So the Applicant needs to comply; and if they are not able to, then they would have to remove the structure. FREYSER:I understand. GAGORIK:Okay? FREYSER:Does anyone have any other questions of me? GAGORIK:There are other conditions I can review for you that, you know, besides the one I just read there are some more, there are additional conditions if youÓll look on that thing. FREYSER:Is this the answer, that -? GAGORIK:There are conditions regarding a backflow preventer that the Department of Water Supply requires. ThereÓs a condition that limits the hours of operation from 8 a.m. to 5:30 p.m. It also has a condition that no signage be posted so she canÓt advertise that sheÓs doing business on the property, that all parking be maintained on the subject property for her business, and that they comply with other applicable laws and regulations by other agencies, and that involves the Department of Health that you had concerns about, also. 13 There is also a condition that Mr. Togashi mentioned about that if there are any concerns that the neighbors bring up, that you can come to the Planning Department and present those concerns that our inspector will investigate that. So there is that clause in the application. We also have a final condition that says that, thereÓs a time extension the Applicant can request for to comply with some of these conditions. FREYSER:Thank you, MaÓam. GAGORIK:Okay. GALDONES:Mr. Freyser, do you have any more comments that you would like to make? FREYSER:The only comment that I would like to make and itÓs in t form of a question -. Does it bother any of you that the Applicant has been in violation of the law all of these years and then submits the request for Spec actually fraudulent? Is there any one that could, would like to answer that or I just leave it? GALDONES:Commissioners? KUBOTA:Mr. Freyser? GALDONES:Commissioner Kubota? KUBOTA:IÓll take a crack at that. It bothers me greatly that people are in violation. ThatÓs the first answer. The second answer is what do you do when they come to legitimize it? You say that because you were previously violative you canÓt have a means of support? We are bound, whether you know it or not, we are bound by rules and regs that prohibit us from using personal biases against an applicant. I hope you understand that. There are many, many cases where we have, over my four years as a Commissioner, listened to where the applicant has been in violation in grosser ways and, yet, IÓve had to say, yes, you may have a Special Permit. Because they find themselves, they put themselves into categories that prohibit us, me as a Commissioner, from saying no to their request. ItÓs a very complicated process and itÓs not as easy as you see it, black or white. ThatÓs where IÓm coming from; and I hope IÓve answered my position with you. FREYSER:I understand then and thank you for taking the time to address my question. But itÓs not really a personal bias, itÓs more of value. 14 KUBOTA:Well, IÓm prohibited from relying on my moral values because I took an oath to obey the rules and regs and to render a decision based on that, and there have been many times I have lost sleep over my decisio FREYSER:I do understand that. KUBOTA:Thank you. FREYSER:IÓm here because my moral values require that I be here because I have the courage of my convictions. Had I not shown up here, none of those attachments would have seen the light of day. Somehow they beca the time I mailed them until they became available here. Whethe IÓve done the right thing. I only ask that all of you do the same. Thank you. GALDONES:Thank you very much for being here, Mr. Freyser, sharin your thoughts with us. Any more questions from the Commissioners or comments? Thank you. I would like to call the Applicants back. I just want to remind you youÓre still under oath. Did you receive a copy of those documents that were circulated to the Commissioners? P. CANN-FERREIRA:Yes. We have. GALDONES:Do you have any more comments or questions that you would like to raise? P. CANN-FERREIRA:Yes. Again, IÓm here to just to legitimize the occupation and I think all the testimony was said during the presentation. GALDONES:Okay. Commissioners, any more questions or comments to the Applicants? GIFFIN:Mr. Chairman, I do, and this is meant not only to the Applicant but, also, to the previous speaker, Mr. Freyser, that, actually, I think the ApplicantÓs attempt to legitimize her business is a blessing in disguise, for all us. I think the conditions speak for themselves. I think that the concerns that were raised by her neighbor are being addressed in the conditions which, according to all of the documents that he has provided us with, apparently have not been addressed or, if they have, they have not been addressed to the satisfaction of the neighbor. However, this list of conditions will give the neighbor a vehicle to go ahead and say whether or not the Applicant is or is not in compliance, and a vehicle to do something about it which, apparently, he has not been able to do. So, all of that in mind, Mr. Chairman, I move that the Special Permit application, SPP 02-041, be approved, along with the Background Information and the conditions as presented, especially the conditions as presented by the Department. 15 SMITH:Second. GALDONES:It has been moved and, IÓm sorry, who seconded? GIFFIN:Mr. Smith. GALDONES:It is moved by Commissioner Giffin and seconded by Commissioner Smith that Patricia Cann-FerreiraÓs Special Permit application, SPP 02-041, along with the Background Report and the Recommendations to establish a hair cutting and beauty salon as a home operation be approved by the Planning Commission. Are there any further questions by the Commissioners? Otherwise, Susan? GAGORIK:Commissioner Giffin? GIFFIN:Aye. GAGORIK:Commissioner Smith? SMITH:Aye. GAGORIK:Commissioner Fujikawa? FUJIKAWA:Aye. GAGORIK:Commissioner Kubota? KUBOTA:Aye. GAGORIK:Commissioner McCall? MCCALL:Aye. GAGORIK:Commissioner Togashi? TOGASHI:Aye. GAGORIK:Mr. Chair? GALDONES:Aye. GAGORIK:Mr. Chair, the vote passes with seven ayes. GALDONES:You will be informed in writing of the CommissionÓs actions today. P. CANN-FERREIRA:Thank you. 16 The discussion ended at 12:21 p.m. Respectfully submitted, Sharon M. Nomura, Secretary 17