Kalani Oceanside Retreat asks for help

[Rob Tucker]

I recall seeing Kalani Oceanside Resort listed by the IRS as the largest non profit organization in Puna. I may be wrong in my memory on this. Hilton they are not.

Assume the best and ask questions.

Punaweb moderator

[Bob Orts]

quote:

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Originally posted by JWFITZ

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.

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So, Hawaii's laws, regulations, and codes should not apply to those who can't afford prolong legal representation? Would it be a defense against a violation if the offender can point to someone with the same violation who has more financial resources?

[Rob L]

The are on agriculturally zoned land, and it is a green house that is used for a lot of things other than growing plants. Their justification is legally weak, but if they can show that the use is politically very popular, then county government, which is political may back off. I think a lawyer would not be as useful to them right now as a lot of voters showing up.

Aloha,
Rob L

[Kelena]

Sometimes it takes a lawyer to explain the problem in simple terms that would inspire a group of voters to show up. Their communication is a muddied and confused mess that looks like it was written in the lomi-lomi room while using plant material grown behind the lunch area.

Here Kalani, I'll help:

"Kalani is the largest non-profit organization in Hawaii [who cares if you aren't]. For decades we have been a resort destination for world travelers who want to get away from it all in an unforgettablly Hawaiian setting. We have also served as a focal point and gathering place for the Puna community. Now we need your help. For many years we have offered classes and held special community events in a place we call the Greenhouse. The Greenhouse was initially just that: a place to grow plants. But it has evolved into something much more. Today, we grow fresh fruits and vegetables elsewhere on the property and instead use the Greenhouse primarily as a community center where we offer yoga classes and instruction on Hawaiian culture and dance. The Greehouse has even been used as a polling place, all with the acquiescence of the County of Hawaii....until now. The County has demanded that we stop using our community center as a place to gather and learn and has advise us that the only permitted use will be to grow plants.

Imagine if every farmer in Oklahoma was told 'No more barn dances -- barns are for growing hay'. Well, our reaction has been the same. We believe the Greenhouse has evolved into an essential component of an important tourist attraction, and a community center and classroom for all of Lower Puna. We are asking that you support us by writing to the planning department and the mayor..."

Something like that. Clarity is key. Punch it across quickly. That said, let's DO write the mayor and planning department. Kalani, Dear, you know I love you. You are so quirky, and alterna-gay. But make this concession: No drumming,and no music after 8:00 p.m.

[Rob Tucker]

Thats good.

[Bob Orts]

quote:

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Originally posted by Glen

Imagine if every farmer in Oklahoma was told 'No more barn dances -- barns are for growing hay'.

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If the “Barn” was permitted by code as a farm barn and they hold a barn dance or two in it, incidental to it's continued and primary use as a farm barn, odds are it would be allowed. But, if they ceased using it as a farm barn and converted it for use as a dance hall, absolutely they will need to have the structure repermitted as a dance hall and conform to all applicable codes for that usage.

They admit it was permitted as an agricultural green house to be used as an agricultural greenhouse and they have abandoned its use for that purpose and made it a meeting hall. Absolutely they have changed the usage from greenhouse to meeting hall but want to not adhere to codes for its actual usage.

If not, nobody should complain if next door a non-profit builds a legally permitted single family home for hospice care, but changes it to a crematorium for indigent native Hawaiians. I read people complaining all the time about someone using their property for something that isn't permitted by zoning or building codes, yet here they want governmenet to bend the rules. You bend it for them, you better be prepared for them to be bent by developers using the same argument.

[Greg]

They should give everyone a little plant to dance with as they enter. Maybe a small section of Ti cane. Afterwards they could just stick them in the ground to grow.

"Estatic Agricultural dancing" Plants love this sort of thing.

It's good for the environment, and satisfies the needs of the planning department.


*Brought to you by SWL (solutions without lawyers)

punatoons

[DickWilson]

maybe we could sharpen the little sticks and apply them to the portion of the county board that they obviously think with.[:p]

dick wilson
"Nothing is idiot proof,because idiots are so ingenious!"

[Hotzcatz]

It sounds like they may need to apply for a variance in order to keep the dance floor. However, when applying for a variance it is important to have a reason why you can have what ever the variance is and your neighbor's can't. This keeps everyone from applying for the same sort of variance.

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"I like yard sales," he said. "All true survivalists like yard sales."
Kurt Wilson

[Rob L]

Glen, you wrote it up better than any lawyer ever could!!

Aloha,
Rob L