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HomeMy WebLinkAbout2022-10-20 Leeward Exh F (Item 3 Watson-Kabei PL-SPP-2022-000014) LEEWARD PLANNING COMMISSION COUNTY OF HAWAI`I HEARING TRANSCRIPT OCTOBER 20, 2022 A regularly advertised hearing on the application of GRETCHEN L WATSON-KABEI (PL-SPP-2022-000014)was called to order at 9:54 a.m. in the West Hawaii Civic Center, Community Center, Building G, 74-5044 Ane Keohokalole Highway, Kailua-Kona, Hawaii, with Chairman Michael Vitousek presiding. COMMISSIONERS PRESENT: Michael Vitousek, Barbara DeFranco, Clement"CJ" Kanuha I11, and Mahina Paishon-Duarte ABSENT AND EXCUSED: Michael Dela Cruz and Zaheva Knowles ALSO PRESENT: Keyra Wong, Esq. (Counsel for the Commission), Jean Campbell, Esq. (Counsel for the Planning Department), Jeffrey Darrow (Deputy Planning Director), Maija Jackson (Planning Program Manager), Jessica Andrews (Planner), Clinton Mercado (Planner), Janice Hata(Zoom host), and Noriko Sauer (Commission Secretary) APPLICANT: GRETCHEN L WATSON-KABEI (PL-SPP-2022-000014) Application for a Special Permit for a home occupation to allow the use of a portion of an existing farm dwelling as a real estate office on approximately 75 square feet of a larger, 5.16-acre property within the State Land Use Agricultural District. The subject property is located at 75-1100 Kamalani Street, approximately 0.4 miles east(mauka) of its intersection with Mamalahoa Highway, Por. Hienaloli I"-Pua`a I",North Kona, Hawaii, TMK: (3) 7-5-013:050. VITOUSEK: We will continue with agenda Item No. 3. The applicant is Gretchen I. Watson-Kabei, PL-SPP-2022-000014. Application for a Special Permit for a home occupation to allow the use of a portion of an existing farm dwelling as a real estate office on approximately 75 square feet a larger, of a larger 5.16-acre property within the State Land Use Agricultural District. The subject property is located at 75-1100 Kamalani Street, approximately 0.4 miles east (mauka) of its intersection with Mamalahoa Highway, Portion of Hienaloli 1`-Pua`a 1st, North Kona, Hawaii, TMK: (3) 7-5-013:parcel 050. We'll start off with the staff presentation by Clinton Mercado. Please proceed. MERCADO: Thank you Chair. Good morning, everyone. Aloha. [Cleared throat] Excuse me. Just a second please. Thank you Maija. Alright, we'll begin our presentation with the location map for Gretchen L Watson-Kabei. One second. Sorry, technical difficulties, okay. So, the location map basically is outlined in blue the subject property. It consists of 5.16 acres located off of Kamalani Street and H6lualoa which is located in North Kona. The property is located approximately 0.4 miles mauka from the Mamalahoa Highway intersection. Again, the property is outlined in blue. The applicant is requesting. The applicant is requesting a Special Permit to allow a home occupation for a real estate office establishment within a 75-square foot portion of an existing 2,696 single-family dwelling two (2) bedroom. The real estate office space 1 EXHIBIT F will be used primarily to communicate with clients electronically. In-person meetings will be conducted at the respective locations of real property interest. Additionally, the request space is currently being used to maintain sales and marketing purposes of the applicant's existing farm operation which is located on the subject property. The purpose of the request is the current COVID-19 pandemic caused the applicant an involuntary retirement due to the downsizing of a corporate office where the applicant conducted her business. As a result, the applicant is requesting a Special Permit to allow a home occupation for the sole purpose of maintaining her real estate brokers license for thirty (30) years now to assist family and friends interested in buying real estate. Further, it would not allow the applicant, um' excuse me, further it will allow the applicant to transact her real estate business and to operate the coffee farm business without leaving the property. Here is the County zoning map showing that again outlined in blue. The property is zoned Ag-5 acres. This is the State Land Use Boundary Map also Agricultural with a little bit of Conservation at the top which is in blue. For the General Plan LUPAG (Land Use Pattern Allocation Guide Map) the property is considered as Important Ag Land which is also shown in green and with a little bit of Conservation towards the top. This is the site plan from the applicant just basically showing the existing dwelling and existing storage. This is an aerial shot of the property. The blown-up version to the right showing the property. The house is located in the middle. Towards the north is Kamalani Street and to the left to the west is the side street and that one is excuse me, Kealia, Kealia and then of course the surrounding properties which consists of Agricultural and Residential use. Their current driveway is coming off of Kamalani Street, in the north. Here's a couple of images. One of the intersection of Mamalahoa Highway and Kamalani Street looking south, her street is on the left-hand side and the right photo is an image of the existing driveway to the property looking towards mauka from Kamalani Street. The final screen is the Planning Director's recommendation. The Planning Director recommends an approval of the Special Permit request. Thank you very much Chair. VITOUSEK: Mahalo. I've seen the applicant has stepped forward. Would you please state the name and the town you live in. WATSON-KABEL Gretchen Watson-Kabei, Holualoa, Hawaii. VITOUSEK: Mahalo and would you mind raising your right hand so I can swear you in. Do you swear or affirm to the tell the truth on the matter before the Planning Commission? WATSON-KABEL I do and hope it won't be as contiguous as that last. I still trying to get right now. VITOUSEK: Mahalo. WATSON-KABEL Sorry. 2 EXHIBIT F VITOUSEK: Mahalo, no worries. Yeah,please let us know if you have anything you'd like to add to the County's presentation. WATSON-KABEL No, none at all. VITOUSEK: Okay. WATSON-KABEL Um' they do an excellent job. VITOUSEK: Okay. WATSON-KABEL Totally my position. Thank you. VITOUSEK: And you've received the background report and recommendations by the County? WATSON-KABEL Yes sir, I did. VITOUSEK: And you agree with them on the conditions. WATSON-KABEL Yes sir. VITOUSEK: Okay. Commissioners do you have any questions for staff or for the applicant? Yes. DE FRANCO: I just have one question. So, in the real estate office. Is it just merely going to be a real estate office or are you going to be conducting coffee business from there or? WATSON-KABEL It's my coffee business. — DE FRANCO: Business okay. WATSON-KABEL Real estate, I mean— DE FRANCO: Like an office — WATSON-KABEL — one, same laptop, same computer, — DE FRANCO: Okay. WATSON-KABEL — all of that. Yes. DE FRANCO: So, it isn't like a retail component? WATSON-KABEL Not at all. 3 EXHIBIT F DE FRANCO: Okay. Thank you. WATSON-KABEL You're welcome. VITOUSEK: Anybody? This sort of brings up an interesting question to me. Why is this necessary for her to do this in her house? MERCADO: I'll let the Planning Director answer. DARROW: Thank you Chair Vitousek. We've had that same comment. In fact, we kind of guess that we might get that same comment today. State law 205-2- and 205-4.5 do not allow for home occupations in the State Land Use Agricultural District. So, they do require a Special Permit even though we may see them as very minimal impact if any. We've not this administration but a prior administration tried several times to have the law changed to include home occupation within Chapter 205 and every time met with opposition and did not pass. So, until that actually gets permitted through the State Land Use District we need to go through this Special Permit. VITOUSEK: And is there a definition of home occupation that qualifies this. I mean, my thinking is with Covid and the amount of work from homers. Everybody is in home occupation. DARROW: Correct. VITOUSEK: If I go home at night from my job and I've got some things that I got to get done for the next day and I work at home. Do I need a Special Permit for that? DARROW: Well, that's the tough call right. I mean, we, if we receive a complaint, we have to go out and enforce it. If we don't, we are not going out and look for that. Unfortunately, we do get complaints. Most times people come in not out of a complaint because again very minimal impact. Most people don't know it's happening. But they'll come in because of a requirement. They need to show that this is their business address or that a bank needs verification this is permitted to be able to give a loan. But again, we have attempted to try to change State law on this matter because of the fact that many, many people currently do operate home occupations in the State Land Use Ag District. VITOUSEK: Is there a home occupation definition? DARROW: We have one in our Zoning Code. VITOUSEK: And that's a County Code? DARROW: Correct. Yeah. MERCADO: Deputy Director I have that if you want. 4 EXHIBIT F VITOUSEK: And is there one in the State Land Use? MERCADO: I have the definition if you would like, Chair. VITOUSEK: And that's from the County definition? DARROW: Yeah. MERCADO: Yes. VITOUSEK: What is it? MERCADO: Okay, excuse me. "Home Occupation" means any activity intended to provide income that is carried on within a dwelling, within an accessory structure to a dwelling, or on a portion of a building site used principally for dwelling purposes. VITOUSEK: Okay and then not that it has an exact bearing on this but, can we amend our definition of home occupation and have that fit with the State Land Use Boundary laws so that we're clarifying that if someone is using home as an office or something for work that is done outside. As in this case, where she's doing — WATSON-KABEL May I interject? VITOUSEK: Sure. WATSON-KABEL In my research as a licensed professional. I assumed the home occupation was allowed based on other islands home occupation and I had applied for a home occupation permit. It was initially approved provided that I get a Special Variance. When I researched the matter further, Ag land falls under certain provisions of the State ordinance which allows certain uses, but a real estate office is not allowed. It specifically states that real estate offices are not allowed and that's why I had to go in for a Special Permit. VITOUSEK: Okay. WATSON-KABEL So, it was a State ordinance — VITOUSEK: Right. WATSON-KABEL —that kind of created that problem. VITOUSEK: Right and it's specifically for real estate? WATSON-KABEL It prohibits. VITOUSEK: Okay. 5 EXHIBIT F WATSON-KABEL Yeah. VITOUSEK: Okay, fair enough. DARROW: I see where you're trying to go with that, and we have conflicts all the time within our Code and State law but State law will trump when it comes to that. So, we actually have a meeting today with the Land Use Commission staff and so that's an item we can definitely bring up and see — KANUHA: It would be a great one to bring up. DARROW: Especially with the recent Covid event and things. VITOUSEK: The work from home trend,— DARROW: Right. VITOUSEK: Right, to try and stay on top of that. And you know, maybe it's something that could be included in the future Code revision. DARROW: Yeah, and maybe they would be comfortable with certain size cause their concern is the dwelling is a farm dwelling. It should be accessory to a farming type use. KANUHA: Which this sounds like, coffee. DARROW: Well, the coffee is for sure. VITOUSEK: Okay, at this time there are no further questions, we can allow public testimony on this agenda item. Is there any public testimony for this agenda item? HATA: No, no public testifiers for item number three (3). VITOUSEK: Okay. With that can I get a motion to close public testimony? PAISHON-DUARTE: Yes, motion. VITOUSEK: Motion by Commissioner Paishon-Duarte. Is there a second? DE FRANCO: I'll second. VITOUSEK: Okay, public testimony, all those in favor? COMMISSIONERS: Aye. VITOUSEK: Okay, public testimony for this agenda item is closed. So, if there is no further discussion or we can make a motion and then we can have discussion after that. Go ahead. 6 EXHIBIT F PAISHON-DUARTE: I'll like to make a motion Chair. VITOUSEK: Please. PAISHON-DUARTE: I move that the application for Special Permit Docket No. 2022-014 be approved based on the Planning Director's recommendation, which shall be adopted. KANUHA: Second. VITOUSEK: Mahalo. We've got a motion by Commissioner Paishon-Duarte, second by Commissioner Kanuha. Is there any discussion? No, okay. We'll take a roll call vote. MERCADO: Thank you. Planning Commissioner Paishon-Duarte? PAISHON-DUARTE: Aye. MERCADO: Planning Commissioner Kanuha? KANUHA: Aye. MERCADO: Planning Commissioner DeFranco? DEFRANCO: Aye. MERCADO: Planning Commissioner Dela Cruz? VITOUSEK: He's not, yeah, not here. MERCADO: Excuse me, excuse me, yep, my bad. And, sorry, Chairman Vitousek? VITOUSEK: Aye. MERCADO: Thank you. The ayes have it four(4) with two (2) excused. VITOUSEK: Mahalo. You'll be notified of the Commission decision in writing. Thank you for your patience. WATSON-KABEL Mahalo. Is it okay now for me to consider it approved, so I can remove my P.O. Box to my street address please. VITOUSEK: Yes, WATSON-KABEL I appreciate it. Thank you very much for your efforts. Mahalo. VITOUSEK: Aloha. 7 EXHIBIT F The hearing ended at 10:10 a.m. Respectfully submitted, Melissa Dacayanan-Salvador Secretary to Boards and Commissions 8 EXHIBIT F