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HomeMy WebLinkAbout2007-07-20 TIBBETSON PLANNING COMMISSION COUNTY OF HAWAII HEARING TRANSCRIPT JULY 20, 2007 DANIEL IBBETSON (SPP 05-000015) A regularly advertised hearing on the applications of - was called to order at 3:38 p.m. at the Waikoloa Beach Marriott, Naupaka III, 69275 Waikoloa Drive, Waikoloa, Hawaii, with First-Vice Chairman C. Kimo Alameda presiding. PRESENT: C. Kimo Alameda ABSENT & EXCUSED: William Graham Takashi Domingo Alvin Rho Andrew Iwashita Rodney Watanabe Shelly Ogata Rene’ Siracusa QdkkVnncv`qc Ivan Torigoe, Deputy Corporation Counsel Brooks Bancroft, Deputy Corporation Counsel Phyllis Fujimoto, Staff Planner Jeff Darrow, Staff Planner Dean Kaiawe, Intervenor Michael Matsukawa representing Intervenor And approximately 10 people from the public in attendance. APPLICANT: DANIEL IBBETSON (SPP 05-000015) Action on the application for a Special Permit to operate a 2-unit bed and breakfast establishment on 0.722 acre of land situated within the State Land Use Agricultural District. The property is located along the west (makai) side of Mamalahoa Highway (Highway 11), approximately 120 th feet south of the Kaohe Road-Mamalahoa Highway intersection, Kaohe 5, South Kona, Hawaii, TMK: 8-7-9:14. ALAMEDA: We are looking at agenda item No. 6. Applicant: Daniel Ibbetson. Staff? DARROW: Thank you, Mr. Chairman. This is a continued hearing. The reason why this matter is before you is this application had been denied by the Planning Commission, and the applicant had appealed the decision to the Third Circuit Court. The Third Circuit Court reversed the decision, and remanded it back to the Planning Commission for further proceedings. th At our May 24 Planning Commission hearing, there was an agreement between the intervenor and the applicant to submit – and the Planning Department – to submit Findings of Fact, Conclusions of Law to the Planning Commission. That has been done, as well as Exceptions, I’m sorry. We were rescheduled to meet on our June Kona meeting, but unfortunately we did not have a quorum. So that brings us to today. Unfortunately, last night we received a continuance request from the applicant. It is an email from Dennis Krueger – and that should have been passed out to the Commissioners – basically EXHIBIT E 1 stating that his client is requesting a continuance based on the fact that he has had two Petit Mal seizures in the last four days, and has been advised to rest and avoid any stressful situations. And he mentions that he had contacted the intervenor’s representative about this. Maybe if I can defer to our Corporation Counsel as to how to proceed. ALAMEDA: Mr. Bancroft? I mean, Mr. Torigoe? TORIGOE: Well, at this point I suppose you should ask Mr. Matsukawa – I think he’s back there – representing the intervenor, and ask if he has any input on that. And other than that, it’s within your discretion as the Commission to further continue the matter. ALAMEDA: Sure. Let me just -. Can I just proceed with inviting the applicant up? Or Jeff, is there anything else that you wanted to share in terms of introduction? DARROW: It appears that the applicant and the applicant’s representative are not present at this time; just the intervenor and the intervenor’s representative. ALAMEDA: I mean -, that’s correct, sorry. Mr. Matsukawa, can I please swear you in, both of you? Do you swear or affirm to tell the truth now before the Hawaii County Planning Commission? MATSUKAWA: I do. KAIAWE: I do. ALAMEDA: Okay. Go ahead. Please state your name and address for the record. MATSUKAWA: My name is Michael Matsukawa, 75-5751 Kuakini Highway, Kailua- Kona, Hawaii. ALAMEDA: Thank you. Sir, please state your name and address for the record. KAIAWE: Dean Kaiawe. 81-6228 Hind Drive, Captain Cook, Hawaii, 96704. ALAMEDA: Thank you, Mr. Kaiawe. Mr. Matsukawa, do you have any response to, you know, the whole issue that we are talking about? MATSUKAWA: Yes. I talked to Mr. Krueger yesterday. I’m a little disappointed at the last minute notice, ’cause I had prepared my schedule for this week. But I told Dennis this is all in the Commission’s discretion, so we just defer to your discretion. Ideally, I would recommend if somehow we could get on a first position on any other continued date. I know your August Kona meeting is piling up already, and it seems like we’re going to be No. 7 or No. 8. And our issues are very brief, you know, there is just going to be argument; the record is closed, there’s going to be no witnesses, no hearings, etc.We wouldn’t mind going to Hilo, if that might expedite things also. EXHIBIT E 2 ALAMEDA: All right. So Fellow Commissioners, there are several options: One is -, one option to deny the request for continuance and hear it now. Is that another option, or -? Mr. Matsukawa, you’re -. MATSUKAWA: I think if you took that option, we’ll run into some legal questions on due process, so -. ALAMEDA: Okay. Commissioner Iwashita? IWASHITA: I guess my question to staff is, I would -, my inclination is to st accommodate Mr. Matsukawa’s request to be first up on August 31. I’d like to know if staff could accommodate that request. FUJIMOTO: Okay. I will try my best. We do have four, currently, unfinished business. This will be the fifth. But if there is such a request, I can try and accommodate that. ALAMEDA: What do we have in Hilo? FUJIMOTO: In Hilo, it would be too late because – well, I guess not – it will be September. st ALAMEDA: ’Cause it’s getting pretty full, yeah, the agenda in August 31. FUJIMOTO: Tentatively right now we have 10 items. st ALAMEDA: For August 31? FUJIMOTO: Yes. This is without Mr. Ibbetson. ALAMEDA: And Hilo, how many items for the September -? FUJIMOTO: I’m not sure. Just a minute. ALAMEDA: Of course, just so, Fellow Commissioners, you are aware, if we go to Hilo, we’ve got to let the applicant know as well, and see if they wouldn’t mind going to Hilo, so -, for they are not here. FUJIMOTO: Okay. The Hilo one, we haven’t started working on it yet, but tentatively we have four. But like I said, we haven’t worked on it yet. ALAMEDA: Commissioner Iwashita? IWASHITA: Well, you know, as far as the substance of what will be presented on this item, I understand basically it’s argument, because the parties have submitted their proposed Findings and all of that. So I don’t anticipate -, well, I do anticipate that it will be a relatively short presentation. So because both parties are represented by attorneys and it’s a contested matter, you know, normally in court practice the court would accommodate putting such abbreviated matter at the beginning of the calendar, so they didn’t have to wait. So I would -, my EXHIBIT E 3 st inclination is to move to continue this matter to the August 31 calendar and have it set as the first unfinished business item. FUJIMOTO: Will do. ALAMEDA: Okay. Any objections to that? Commissioner Woodward? WOODWARD: I just have a question. I’m looking at my schedule. We’ve been talking stth about August 31; my schedule says August 24. NOMURA: Changed. WOODWARD: Changed? Oh, the Chair didn’t tell me. Okay. ALAMEDA: All right, be that way. DOMINGO: Mr. Chairman. ALAMEDA: Sure. th DOMINGO: I think it will be fair of me to say that I was planning on the August 24 meeting, and I do have an engagement on the 23rd, which is off out of the state, so I won’t be st able to make the 31 meeting. thst ALAMEDA: Okay. Yeah, I’ve got 24, too. So 31, yeah? Okay. Any other -, since st we’re here, Commissioners, can’t make the 31? IWASHITA: I can make it. OGATA: When I get back home, I’ll check. ALAMEDA: Okay. Shelly needs -, Commissioner Ogata needs to check when she gets back home. My schedule looks clear. WOODWARD: I’m okay. ALAMEDA: Okay, so that’s four. We’ll be all right. Okay. Any other questions for Mr. Darrow or Mr. Matsukawa? Mr. Torigoe, so do we need to make a motion for continuance, or -? TORIGOE: You can just do it. ALAMEDA: Okay. Are there any objection to continuance? SIRACUSA: That’s to Hilo? st ALAMEDA: That’s for Kona, August 31, first item on the agenda. EXHIBIT E 4 DOMINGO: No objection. st ALAMEDA: Seeing no objection, this matter will be continued, August 31. Thank you, Mr. Matsukawa -. MATSUKAWA: Thank you. ALAMEDA: Mr. Kaiawe. KAIAWE: Thank you. The discussion ended at 3:47 p.m. Respectfully submitted, Noriko Sauer West Hawaii Secretary EXHIBIT E 5