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Communication No. 2012 -57.2 <br />BRMInitiated- RevocationSPPI122.jwd 04 -17 -12 <br />COUNTY OF HAWAII PLANNING DEPARTMENT <br />BACKGROUND AND RECOMMENDATION <br />INITIATOR: PLANNING DIRECTOR <br />REVOCATION OF SPECIAL PERMIT NO. 1122 <br />The Planning Director is initiating a hearing regarding non - compliance with conditions of <br />approval of Special Permit No. 1122 (SPP 1122) and special permit revocation proceedings <br />pursuant to Condition No. 8 of SPP 1122. SPP 1122 was issued to Hawaii's Volcano Circus <br />to allow the establishment of a performing arts educational center on 2.5 acres of land within <br />a larger 10 -acre site situated within the State Land Use Agricultural District. The properties <br />are located within and adjacent to the west side of Kalapana Sea View Estates subdivision <br />near the intersection of West Pohakupele Loop and Kehauopuna Street, Puna, Hawaii, <br />TMK: 1 -2 -009: 034 and 1 -2 -038: 050. <br />REASONS FOR INITIATION OF REVOCATION <br />1. Applicant's Non - Compliance of Conditions of Special Permit No. 1122: The <br />Planning Department has received numerous complaints over the past several years <br />alleging the applicant's non - compliance with approved conditions of Special Permit <br />No. 1122 and alleging certain activities that were not permitted under Special <br />Permit No. 1122 occurring on the subject property. These alleged activities included, <br />but were not limited to, the following: <br />a. holding public performances in which tickets were sold for a monetary fee; <br />b. the construction of several illegal structures; <br />C. a weekly farmer's market which resulted in unpermitted off - street parking; <br />d. a weekly bazaar; <br />e. family and loud parties; <br />f. weddings. <br />Based on investigations conducted by Planning Department staff, it was found that <br />the applicant violated several conditions of Special Permit No. 1122, including <br />Condition Nos. 1, 2, 4 and 5. On March 1, 2010, a Notice of Non - Compliance of <br />Conditions of Special Permit No. 1122 was issued to Graham Ellis of Seaview <br />Performing Arts Center for Education (S.P.A.C.E.). The Notice ordered the applicant <br />1 <br />