permit fairness

[oink]

That makes it sound a little better.

Pua`a
S. FL
Big Islander to be.

[kalakoa]

this building is in character with the surrounding 1/4 mile radius of buildings

Perfectly reasonable if this standard is also applied elsehwere (hint: it's not).

[csgray]

HiloPuna,
So, because the area will someday be industrial, the current resident, who may have bought their house long before it was decided to make the neighborhood "attractive" to industrial uses, should just have her right to not have sewage pumping trucks basing out of the lot next to her home trampled on? Just because this rezoning may someday benefit her heirs financially does not mean she wants to move now, or live next to something like that, which sleazily slid through the permitting process by pretending to be a home with a very large garage when it is really a stinky industrial use with trucks driving in and out all day. I worked in an industrial building next to a septic pumping company many years ago, when they hosed off the trucks at the end of every day the whole street stunk and a really gross fog enveloped our parking lot and cars, it was disgusting. This isn't something like a window screen company, this is a company who deals with semi fermented human waste. Would HiloPuna want to live next to that?

Maybe time marches on, but the county government shouldn't be complicit in marching right over the rights of an individual who doesn't happen to work for Hawaii county, or have sweetheart contracts with the county. This whole thing is a classic example of the good old boys letting the average person's rights get trampled in order to facilitate the expansion of the business of their good old buddy.

Carol

[Seeb]

This is why they have to take Building inspection away from public works because the director is ether a lair or a moron because he's obviously never read the IBC

And isn't spot zoning illegal. I can't look up the county code because my cell phone is my only Internet at the moment. But aren't Ford and Willie lawyers. Someone has got to call a foul on this one. The DA or the FBI or somebody.

[kalakoa]

good old boys letting the average person's rights get trampled

The system also "works" the other way around: sometimes it's the landowner who isn't allowed their zoning or use because it conflicts with the (undocumented) plans of the old-boy network.

Like with that lot next to the surf shop in downtown Pahoa.

If everything is "for sale", can't Planning just publish a price sheet and be done with it?

[missydog1]

They say it helps to bring an expensive sushi platter ... []

[HiloPuna]

Some comments:

Seeb, it's not "spot zoning" the zoning map has been changed. Each RS zoned lot has to have a separate application for Change of zone though.
Examples within a 1/4 mile include Big Island Candies, the shops that house Miyo's, the flooring warehouse across the street from Hawaiian Style Cafe, Tokunagas Fishing Supply, and some unidentified businesses that look like construction company yards.

csgray's extreme concerns remind me of the old axiom, 99% of the things you worry about never happen. "semi fermented human waste". Really? The DOH would be all over that and they would lose their license.

kalakoa writes "Perfectly reasonable if this standard is also applied elsehwere (hint: it's not)." Please explain the "standard" you are referring to so I can agree or disagree on an informed basis. I don't think I mentioned any standard in my first post.

"good old boys letting the average person's rights get trampled"

I think many of you presume too much in the negative about the way things work down at the County Building. It is not uniformly inhabited by scoundrels and unethical types, nor do we elect same to monitor those employees. They are us. You may not see yourself in that context but that's what a community is, all types and sorts of people working towards both individual and common goals. There's some bad attitudes and incompetence, but that's true not just at Council and DPW but schools, HELCO, McDonalds, and any other aggregation of human beings.
One example for me is the Planning Dept. I've had some good experiences there and been treated, I feel, quite badly at other times. I now try to avoid certain individuals if I can, yet others I know seek those same individuals out because of prior positive experiences. However if I'm faced with working with someone whom I've had a difficult prior experience with I don't give up on what I'm trying to accomplish. Instead I rely on the Rule of Law and the remedies allowed at every level of decision making when you don't agree with a governmental decision. As the neighbor who is offended by the permitted building is doing now.

[kalakoa]

The (subjective) standard "matches character of the existing area" is often used as justification to deny a permit.

Here, it's being used to "validate" something that has already been built.

At the very least, this creates the impression that you're better off doing what you want first, then asking forgiveness later. Especially if you have buddies at County.

I'll make it easier, though: "sewage truck baseyard" is not listed as a Permitted Use for R zoning. In my opinion, it also doesn't "match character" with retail (or food preparation), but that distinction is up to Planning, who ... oh, right.

Rules are for everyone, right?

[csgray]

HiloPuna,
If not "semi fermented human waste" just what do you think is pumped out of septic tanks and cesspools? Perfume? I had a septic tank pumped out when a house I owned was switched to sewer lines, semi fermented human waste is exactly what is pumped out of septic systems, and it smells foul.

How can people rely on "The Rule of Law" when that is circumvented to benefit an employee of the county? No one can look at that building and think it is anything but what it is, an industrial warehouse, not a single family home. The letter and intent of the law were ignored by those responsible for enforcing the law to benefit one of their own. They can claim anyone would have received the same consideration but frankly, I don't believe it.

Carol
edited to fix a typo

[Rob Tucker]

The county is basically saying: "we are too stupid to be blamed for this".