02-07-2008, 08:49 AM
It's not that I don't comprehend; I'm just not able to follow the issue as it relates to HRS and HCC. This is based all on the assumption that the issue at hand is that the school is operating on agricultural zoned land without a special use permit. If that’s not the issue causing this latest bru-ha-ha in the press, disregard everything.
So let me go down my list and you can correct where I'm mistaken.
1. You file for a special use permit to operate a school on agricultural land.
2. It's a $250 application fee.
3. A public hearing is scheduled
4. Notice is made to the surrounding property owners of that public hearing.
5. You make your presentation and answer any question the County has. The public can comment also.
6. The county assembles any documentation they nee to make a decision.
7. Based on your presentation, public input and the County reports, the application is approved, denied, or approved with stipulations.
8. Any denial or approval with stipulations must be accompanies by a detailed basis for the denial or stipulations by the County along with all supporting evidence and documentation they used to make the determination of denial or with stipulations.
9. If you disagree, you appeal to the circuit court for review.
10. If the County does not act upon the application within 90 days, your special use permit is automatically granted by law.
Both HRS and HCC authorized an exemption of zoning for schools upon application and review. The law is also clear that a School should be given a permit to be either built or operated in Agricultural zoning unless the County can document that it would have an adverse impact on the community. But if the community is supporting the school, what basis did the county use to deny the school the permit necessary to be legal in agricultural zoning?
I'm not against the School; I'm trying to understand the mentality of the County for denying a special use permit. If zoning issues are being decided by the County based on nothing or in violation of HRS and HCC, that's a big problem that the people must be made aware of. But it all hinges on if the school did in fact attempt and followed the proper procedures of applying for the permit. If they did and it was denied, the County needs to explain why and that why had better conform to the rules and regulations. But if the school didn’t apply and just decided to operate, you can’t blame government when they were never given the chance to legally allow the operation
In the meantime, I’ll as my brother –in-law, what are the legitimate grounds for denial of a use or special use permit for a school in agricultural properties in Hawaii County. I’ll send those to you when he gets back to me.
So let me go down my list and you can correct where I'm mistaken.
1. You file for a special use permit to operate a school on agricultural land.
2. It's a $250 application fee.
3. A public hearing is scheduled
4. Notice is made to the surrounding property owners of that public hearing.
5. You make your presentation and answer any question the County has. The public can comment also.
6. The county assembles any documentation they nee to make a decision.
7. Based on your presentation, public input and the County reports, the application is approved, denied, or approved with stipulations.
8. Any denial or approval with stipulations must be accompanies by a detailed basis for the denial or stipulations by the County along with all supporting evidence and documentation they used to make the determination of denial or with stipulations.
9. If you disagree, you appeal to the circuit court for review.
10. If the County does not act upon the application within 90 days, your special use permit is automatically granted by law.
Both HRS and HCC authorized an exemption of zoning for schools upon application and review. The law is also clear that a School should be given a permit to be either built or operated in Agricultural zoning unless the County can document that it would have an adverse impact on the community. But if the community is supporting the school, what basis did the county use to deny the school the permit necessary to be legal in agricultural zoning?
I'm not against the School; I'm trying to understand the mentality of the County for denying a special use permit. If zoning issues are being decided by the County based on nothing or in violation of HRS and HCC, that's a big problem that the people must be made aware of. But it all hinges on if the school did in fact attempt and followed the proper procedures of applying for the permit. If they did and it was denied, the County needs to explain why and that why had better conform to the rules and regulations. But if the school didn’t apply and just decided to operate, you can’t blame government when they were never given the chance to legally allow the operation
In the meantime, I’ll as my brother –in-law, what are the legitimate grounds for denial of a use or special use permit for a school in agricultural properties in Hawaii County. I’ll send those to you when he gets back to me.