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The scuttlebut I heard was that
1. the road in front of Kalani was getting clogged
2. some newer residents in Sea View were unhappy with the sounds(Kalani eliminated E-dance from Wed night to try to placate.)
3. crime had gone up.
Dont know if any are true.
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I just got this info by email from Richard Koob of Kalani Retreat:
The EMAX is fully permitted as an ag greenhouse structure and located within Kalani Kai’s special permit area allowing and supporting arts, agriculture and wellness educational programs for local community, Kalani retreatants and staff.
Being a greenhouse and saying they have (yet to be identified) complainant(s), the Planning Dept says only working with plants can be done in the building, and the (free-standing) wood floor must be removed. Kalani contends agri-culture includes all the cultural aspects rooted with farming that have characterized the Kalani village center (with preserved heiau and halau) for over 400 years, and human society since the beginning of farming 9,000 years ago. Lots of art, music and dance have been associated with farming since the beginning of settlement in Hawaii, and, indeed the beginning of agri-culture worldwide.
The PD may not yet be ready to acknowledge that greenhouses are sturdy, sustainable spaces excellent for all kinds of rural agrarian community uses all over Hawaii, however, they should recognize that the many community service uses of Kalani’s greenhouse are totally justified and in keeping with the special use permit and the heritage of the property.
Richard Koob
Founder/Director, KALANI Oceanside Retreat Village
Assume the best and ask questions.
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While the Planning Department may be in a position to enforce uses of a building the issue of the free standing floor would be addressed by the building code.
It is my understanding that no permit is required for decks of less than 30" in height. IF the floor was to be a deck.... no permit needed.
I'll try to look up the code and cite section a bit later....
Assume the best and ask questions.
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i've been to a few things down there and it's a cool place and great people.
but unless i've missed a big chunk of the story their going to lose. even if the pull a rabbit with the planing board (they got to start looking for some case law or precedent,maybe something with the Amish).
an area of public assembly needs a fire inspection
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Thanks Rob, from available info it appears the Greenhouse was permitted as an agricultural greenhouse structure, but the County feels the building is being used as a meeting hall not a greenhouse. Kalani believes that their activities falls within the definition of the greenhouse permit because of some form of compatibility of meetings and agricultural purposes.
Unfortunately that's like saying a building permitted as a dance studio can be used as a shooting range because ancient warriors combined dance and warfare together. Or a restaurant can be a zoo because animals are food.
If we want large corporations and developers to adhere to zoning and proper permit requirements, that needs to apply to all. They probably could get their way if they reach out to large development interest. Developers would absolutely jump aboard lobbying for allowing it. Later they could use it to skirt existing zoning and building permit use. Kalani gets their greenhouse meeting hall and developers get to claim the same thing on their projects.
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It is what it is. I do know that the building has been utilized by the government as a polling place and as a candidate forum location for elections too.
Among all the illegal structures in Puna this one is in the cross hairs of Planning Department.
Assume the best and ask questions.
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The polling place is one thing they have in their favor, they need a good lawyer to work that.
It’s curious the fights the planning director is choosing?
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Most people seem to really enjoy Kalani and feel they are a good enough neighbor. It seems kinda nit picky to shut down the ecstatic dance there - although it did often attract hundreds of people.
There are, however, a few other issues that may have pissed people off enough to call the County. The land is zoned Ag, and like so many other places in Puna most of the structures are unpermitted, yet Kalani is a "resort". Last year I think it was I heard that they were actually trying to sell "condominiums" there for something like 170K - I heard that from a guy who was working there and then I think I even saw it on a website somewhere. Supposedly that plan got nixed by the County. That seems like going too far.
I think having a funky smallish place with some accommodations might not be such a terrible thing - but condos? Zoning is there for a reason. If this guy gets to have a resort and sell condos on his Ag land without going through the whole permit/approval thing then why can't everybody? How much more "Ag/resort" development would it take to make the Red Road into Alii Drive?
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quote:
Originally posted by Pilgrim
yet Kalani is a "resort".
That's something that raises a BIG question over the whole thing. I wonder how many people would still support this if it was owned by Hilton? I bet if a big resort corporation was the owners, even if they were doing all the same things, the voices would be in opposition, demanding the County stop this and to send in the troops to stop the greenhouse from being used for illegal gatherings in violation of the intended permitted usage.
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That's a fair point, but big players like Hilton can usually afford just buy off or contest or whatever to their satisfaction. Small players can't and are always subjected to the full brunt of law, and often personally as well. Important difference in getting singled out as an example as an individual rather than Hilton, as there isn't a corporate hierarchy to hide within and still draw a comfortable wage while you fight a protracted court battle.
