is that now he's starting to explode with agriculture and be more diversified and i have three restaurants on the west side and i'm constantly buying citrus fruits from folks that happen to be living up to the money a poco or no up north in kind of poly as well as in appealing so my friend hel here who i've known likes me thirty years she used to dine at avalon and it's followed me through my restaurants i've always known her to be a person of integrity someone that loves the islands especially maui and when i heard she was planting an orchard of citrus and i was thrilled because a lot of my customers to live in that area we purchased from them on a daily basis so it's something that's needed for commerce here on the island and to have local organic products something very important to myself and to my customers  for the use of to do with a total of five bedrooms for a short term rental home in the county agricultural zoning district and importantly in the state cultural zone industries approximately two point zero seven acres of know for some of the members of course the commissioners all know this but for some of the members of the audience and anyone watching on the food network the fire we hear today is always a good question if the applicant has  short term mental permit and state a plan as the commissioners know very well this is a two part process when it's on state agricultural land first the sent a notice of the application for a shorter metal home to all of the property owners within five hundred feet of the property that step one to determine if there needs to be a public hearing on the specific short term rental home  in this case there were no triggers that would have required a public hearing on the s t r each phase of this permit so if this were not located on agricultural land the planning director would have proved it administratively first off then what are those triggers those triggers would have been was there another short term mental home within five hundred feet the answer is no second   there sufficient to protests from people that would have triggered a public hearing and that answer results you know this second phase is because this is located on the district boundary mended a good cultural mine who is the agricultural experts and he asked three questions on the agricultural component of this is in the audience and so they will be available for any kind of questions  ordinance that short term rentals are an acceptable use on a land if the planning commission indeed grants the state special permit the production of crops in this case that being on over sixty percent of the property walk through with mr qasim and looking at the implemented farm plan the second is will the desired use adversely affect surrounding property there's no evidence to see this house being used for short term rental being rented out to already adversely affect the surrounding property and in fact i think it's critical for the commissioners understand that this portion of loan you know is within the rural rural growth boundary this is a crucial distinction when you look at a good cultural area and if you're looking at haiku obviously very rural i live on two acres of land  but it gets very rural out there this is on two acres of land but it's been identified in the land that this area has characterized by a somewhat more dense and very economic framework however it's nearby and there's going to be consideration which this commission and the state land use commission to have will be that the maciel a rural community will be asking for a state district boundary amendment to go from a rural and urban so this area has to all of you know is characterized by more of the rule will this adversely burden public agencies with regards to sewers water drainage school improvements police and fire protection of any issues regarding police fire protection have unusual trends arisen since the district boundaries were established in the early one nine hundred sixty s yes indeed and in fact i was looking at a interesting video type of tourist experience agricultural tourism is becoming important to more really experience a balance between agricultural and careers and is now its future so we agriculture but it is graded as the eighty seven i while the land is relatively good land it's important that you look at the high factor meaning that without irrigation the land is pretty good at producing rock in fact one of the old commissioners down the poker land rocks are a pretty good crop out there it's tough to make it work and we did we've seen this before over and over so the applicant if you noticed in the exhibits had taken but it was a pretty rocky area and has turned it into what will become the productive six years in the past yet this was used for forests grazing nano cropping of sugarcane it's doubt all the staff will come back and districts as of august two thousand and fifteen there's twenty eight permitted for three omero in the west mary reaching out of the total of eighty eight there are no short term elders in five hundred feet of this particular property he's from the larger perspective didn't have any comments on this project and so that would give an overview of where we are today and your pleasure we'll have mr jordan an aerial photograph of the project site this further indicates the character of the neighborhood it also shows the condition of the project site before this one implemented her farm plan at the time that she purchased the parcel the parcel had been subdivided in the main and accessory dwelling had both been constructed there was no child approved or implemented form plans his son applied for these things and implemented them all after purchase well if you look at the i was here this area down here this last third of the property is where most of the work that we've done recently has been done that area about a fifteen plus foot drop seven feet apart in rows and they go closer together on it within the ropes and that's because you're harvesting on a commercial scale but they end up thinning it out to that species that we have we're not trying to be you know maximize every last lemon out of there we're trying to make it pleasing and produce well in my opinion when you get too much stuff too close together competing and it's not just my opinion it's also research has been done everything else you see all the lawn around here within the lawn we had to redo all the irrigation and we have the same species actually look closer about twenty foot spacing up here so we can get more all throughout the whole lawn up in here in the next i believe here so this is all the existing lawn we have done the same a little closer spacing and drop situ stres in there there's coffee and avocado there call it all around the perimeter here as well as this coffee heads all the way around the perimeter is about two hundred fifty coffee plants and this has a bunch more here i'm not sure exactly how many and then there are some coffee right in this area as well in this one overall and some of these pictures if you come up it doesn't look too impressive they're a little smaller maybe you can go to some of those you know they're smaller right now if you look the they're not fully grown yet so when you look at them right now you know they don't look like much but eventually they're almost going to be touching the lawn is going to practically disappear and you can have just enough to squeeze a sit down more between every tree and it's going to be full on fruit you know out in my opinion it's really hard to afford the equipment needed to handle this kind of rounds in iraq i think the future of money is going to be i have a bunch of problems there is going to be and good morning i would like to think the members of the planning commission for taking time to come in today and listen to input on this issue my name is about i have worked with matthew and helen as their landscaper for the past seven years and in recently the past ten years i was wastewater department and the last five years in the fire department during my time with the county of my way always and always involved in agriculture throughout continuing education classes and also only my landscape maintenance and installation business i left the fire department on good terms a few years ago to pursue my passion which is in it's always been working with the land before i go any further i like to get one thing out of the way i really don't like speaking in public my hands get sweaty my heart beats fast i tend to get choked up when i'm talking about something that matters to me i wouldn't do this come up here and put my reputation on the line for anyone if what they were doing didn't sit right with me when i started my landscape business matthew and helen were my first customer i mean the very first customer i had luckily for me was a really they've always been great to work for not only because they pay on time but more so because of who they are and how they treat my crew and i matthew helen myself and other people have spent the past seven years working on this property and have transformed it from a we didn't vine covered lancy into a beautiful home for them and hopefully others to come enjoy even before being aware of any other agriculture requirements matthew and helen always integrated edibles into their landscape and each time they visit we would add new things we installed urban gardens small amounts of coffee but most recently after learning that we needed to comply with the agriculture requirements of this subdivision we embarked on an intensive and costly project to convert most of the existing landscape and all of the unused land to meet and exceed the agriculture requirements of the subdivision in addition to the edibles already there we opened up thirty five to forty thousand square feet of their land and added approximately it says a little less in this speech here but you only had one of the invoices i think the two invoices added up to about seventy five citrus and exotic fruit trees all together there's maybe about ten avocado trees and over two hundred coffee trees countless brightest bananas and just random other little things that add to the vibe but they're not really going to be obvious you know some squash here and there more from prospective ones who want to convert their property over to agriculture i have not accepted any of this work for one reason most people are only trying to get the agriculture exemption so they can do other things with their house at a pool build a cottage sell for a higher price because their motives are not agricultural ones they do the least possible and as soon as they get the permit pull out the coconuts you know whatever it is you've probably seen it all this was a concern of mine when matthew and helen first approached me with the idea idea to when i confronted them with my concerns i told them i would not involved in a project that was not real they said good that was not their intention they wanted to comply with all the requirements and if possible exceed them to create a property that would produce food for them and others this property is not just a piece of land for them i understand there's a hold up when it comes to short term rentals and i understand that as an island we are hesitant to outside influence for good reason we should be doesn't mean that every outside or every outside influence is a bad one a lot of people have adopted our concerns as she wished everyone who put this kind of effort into their farm plans the pictures don't do justice it is really a beautiful orchard and when it reaches maturity will produce a lot of food i'm biased because i installed it but it's also because of the orchard based on what it will be in the long term not what it will look like right now so we could get your approval my wife and i love to travel we don't do it much but when we get to we always did interesting places very rarely do we choose a hotel i'm grateful that most places i've travelled have allowed these creative accommodation the proposed uses for coffee include just gift welcoming guests for guest citrus the intent is to sell to restaurants excess would be contributed to organization similar to waste not want not or their photos of the main dwelling the interior lives of the main dwelling garages reserved for personal storage surfboards and their main vehicle that they operate out use whether here at the cottage interior this map was provided by the planning department indicates the breakfast permit and short term rental permits that have been approved in the city within this neighborhood one b and b permit has been approved within this neighborhood one short term until home permit has been approved as well as other surrounding  and second there are a lot of people who are choosing not to go through this process and so i really think that it's important to recognize the people who invest the time and energy in proceeding with these requests these are some house rules house rules are intended to maintain peace and quiet enjoyment of neighboring properties surrounding the project so i as noted previously there is an increasing demand for alternative accommodations for visitors returning visitors consistently coming back tomorrow you're seeking alternative experiences in addition short term rental home use allows to continue on site or evolve on site and then separately the applicant has busy schedule and is able to come to maui on short notice being able to make use of their home without displacing a long term renter is really an asset for this particular request that land upon the project site is unsuited for agriculture there's a number of amendment is updated in the next few years it's very likely that this will be a rural designated area the county zoning will follow that so in five to seven years this will be outside of the state like well perhaps longer but outside of the state agricultural district which is the trigger for the as stated earlier following the closure of sugar in west maui this project site was developed there was no ag implemented this applicant was the one who initiated and implement the farm plan to reinitiate  and now and i have not given up i keep hearing about busy schedules i do not have a business but other members of my family do my husband works my children are in school and we bought this house and two thousand and six with the intention to live here full time a daughter goes to a welder school in the mainland there's a high auckland school here we plan to make the big drive every day sit in a cafe and play and write and pick it up and bring her home and then my father wasn't quite well enough for us to leave my stepson was at an age when moving really wasn't appropriate and so we're kind of biting our time until we can live here and and whatever anybody imagines i cannot afford to keep the house and have it just sit here when i'm not here that's not a possibility so i can only say other than the help of my family there's literally nothing more important to me than being able to not only come and liv stay in this house where we've sort of had all of our memories and thoughts and dreams forward into this little spot of land from the minute i heard there were eighty eight permits going to be issued i mean you heard already what we've done i just can only say that if there's a rock unturned i would be surprised because i'm exhausted and i can only say how much it means to my family and to myself to live here ultimately and to rent it long term would mean we couldn't do what we do now we don't come and visit for a couple of weeks a year we're here sometimes most of the summer half of the summer we're here for holidays we're here any chance we can get  back in a week so go up to maybe be living here now but the other members of my family have to catch up on our intention is to do that in the next set of years so the wish right now is to be able to generate enough income to keep the house and live here eventually and yes it is meaningful to me to have the land produce food to have that food feed vocal people i've done some charity work in the   review of the land use commission special permit is to recommend to the planning commission approval of the land mission special permit subject to seven conditions these seven conditions are  typical and what the commission has seen in the past the first one that the land use commission shall be valid until september thirtieth two thousand and eighteen subject to extension by the director of the request for extension  and the important one number seven would be that the farm land show remain implemented throughout the duration of the special permit and evidence of implementation shall be submitted as part of any request for a time extension the other conditions are very standard that being the case the planning department says greg manned and now i plan to commission the job finally departments report and its recommendation prepared for the september twenty second two thousand and fifteen meeting as its findings of fact conclusion of law and decision in order and authorized finding director to transmit the said britain decision in order on behalf of the maoi planning commission thank you take questions from the commissioner did reply to all comment letters including the bio did speak with the neighboring property owners indignantly i would like to know with regard to the homeowner's association letter clearly the c c and r s are included in this application and they state that any use that they can be permitted is permitted within the subdivision and so essentially what they've done is they've written an opinion letter ignoring i would also like to note that you know the short term rental and sign the first one we put up was vandalized so in my personal opinion there is people who don't want to have this happen in the neighborhood and they're asserting their opinion in actuality the rules of  calls attention to the section of the c c and r s that i just mentioned a second ago folks need you guys use all seven rooms to come in you know to me this is like a beautiful bed and breakfast location we have a whole set of small with a caretaker and you know people kind of coming go instead of one hundred percent  or much more by far i mean as far as how much is well right today nothing i mean there's a couple oranges there little you know that next year will get a few at its maximum output there's there's probably very few properties up here that are going to be anywhere we can get a lot of food up here what i see up there is getting the other owners are on the who want to be on board for a small fee or for a break even less yes all do agen do a co op or everyone is going to have a different want their freedom but we can get everyone sho market to people like mark or some buyer but when people just try to bring like a couple trash cans of tangerines it doesn't work that way i mean people have there's so much if you if you go around there's so much food combined it's just you can't no one's really out there four hundred our average there's a lower fifteen hundred does you know i can try to call that number but that's extreme and we're not going to get fifteen hundred pounds per tree per year so seventy five trees if someone has a calculator do the math seventy five six years trees four hundred and two thousand twenty thousand pounds of i mean if we don't do something with it i'm going to have a i'm going to just be working to dump it so we were going to do something with it i have to carry it up and out of there i don't mind the whole area so we can drive a car to around and pick him get it out i have to get anyway and i will get it out while it's ripe and we do something to it so i mean there's something going to be done with that food i'm not going to rot there and i'm hoping to get more people on board i just had another orchard for plantation estates customer almost half the size of this one but i have a i have a few properties that have quite a bit of citrus on it and if anything i'm going to do something with it thank you i also have a quick about the letters and i'm not discounting anyone's complaints but the complaints i did come early were from people outside of the five hundred feed binge i  went on the whole subdivision and i've been a i know a lot of people up there and i asked everybody everybody i did not come across not everybody but in the five hundred for what zone and around it you know but no nobody in this is hearsay but i have letters of approval so people are for it that but the letters speak for themselves and the letters of those who are outside of any other questions again it's all destructive we're going to switch gears here a little bit from the last item this item is located in the state urban district so the review process is in compass by chapter nineteen sixty five metro who is in the audience and will be doing a presentation on this particular property on behalf of mister fleetwood today also mr fleetwood is in the audience so that questions may be asked of him about this particular application so why are we here today why is this not being a prudent ministry to the director in this case there's two reasons the first is that there's another short term within five hundred feet of this application  proposed short term and these were all done at the time of the mailing of the notice of the application that mailing which was may thirteenth two thousand fifteen now it's also always critical and the apple representative mr mitchell will be going into detail about the letters that have been received letters that have been received in support from adjacent neighbors  neither owner who is also adjacent so we always look at what the letters say we always look at the protests that comes in so we do have a trigger however because we have one letter from mr eubanks to the south and then we had a letter come in with three addresses and four signatures simply stating they were in protest so the commission will take a look at the evidence that's been received from the standpoint of that being the case however we do have a public hearing and it's also important to note that there have been no letters of opposition received as a result of the notice of the public hearing in fact we've had noticed that we've had letters received in support of it which have been given to the commission also so that everyone knows there were responses that were drafted to property there is the main house which will be reviewing today the four bedroom main house and there's also a two bedroom on it could have requested to have the through just a few of them however from chapter nine hundred sixty five the commission can look at as they review today's application first start with the the number in the distance of the subject are sold to other permitted short term home rental homes shoreline then the second is the number and also the substance the substance of the protests for which the short term homo application has been noted for as indicated before from the initial notice that the mailing were to protest letters received one of which was adjacent and then there was a petition which had four signatures which one of them replicated the letter and one was also adjacent which triggered the public  hear see existing or past complaints about the property there's no police reports that indicate there's been excessive noise coming from this property in the past whether complaints exist in compliance the applicant has a man to  quite a bit of mature landscaping coming in directly on the house mentioned their structures one is the main house which is the subject of this permit application and that is currently vacant which inside the main entrance and she gets the exact wording she just changes the address so it's there's nothing really demonstrated towards this particular property it's opposition and one it was there were three additional signatures in addition to the one so the action that we took we reached out first of all by letter process that we have in place we have a local manager who can respond to any complaint we have that will be posted that gives a twenty four seven contact on it so that if anything should happen they can she cited some cases that were from fifteen years ago or so but she had nothing current but she just was concerned about the potential so we gave her that you know the are things that we have like letter from the neighbor to the south this gentleman is not a resident here he lives in oregon we sent him a letter explaining our issues and mostly this letter consisted of sounded like someone who was really frustrated with tourists and the tourist activity that seemed to be taking over the island in his opinion so we tried to calls if you guys want to speak to him so that you have direct first person testimony is available as well then moving along we had some great letters of support we had eight letters written which should be in your pocket within five hundred feet of neighbors within five hundred feet including as i mentioned the one  other letters of support from the community but no the applicants again  this is just a little map this is the map that you have that i handed in the handout that shows you the layout yellow are the folks that just didn't tell us why they were in and it seemed to me that that opportunity for them to take their children to school go to work on one of these properties and be off before school was out so they could pick up these children and go home and so this  especially very much needed income for families that could only work part time as far as those that remain home with their children besides you know housekeeping and  just so much new opportunities that it was an experience in listening to this the money in our concert chambers regarding the sort and some of the answers that were raised the number of applications or short term red things allowed in different districts and the different districts were given different numbers according to what their co and the number of short term goals that are currently existing it also looks at specifically the situation on the site it did recognize that there will be applicant made  excellent effort in contacting the people who have concerns and it seems to be evidence that that they are in getting responses there was always that neighbors especially to the north and exactly across the street also wrote which would probably be less likely to be granted to a median income worker as opposed to the smaller of which is being kept in light of all that and looking at the balance in the d to the noise this is at issue that usually arises in these applications and we feel that the way the ordinance is set up and when rental is posted in each bedroom and they are given to the guests upon arrival that totally outline the quiet hours and it is very specific about what that means no sound amplified beyond the  telephone number of the property manager this is none of us has been there so there hasn't been a mechanism for anyone to do so that number can be called twenty four seven if anyone has any complaints whatsoever that manager will respond and will deal with it we have security deposits in place that will be made aware when they check in and that that security deposit may be at risk if they don't comply with these order so that when the mailing is sent out notifying the neighbors it has to go to the adjacent adjacent neighbors that information on their property manager is given to them so they have his contact his name and his contact number that way they have in their hands as well as the posted committed short term goals within the five hundred feet and they've been in place since two thousand and twelve we have not had a single instance where we have had a call so we believe that the that the method set out by the standard will govern these issues any complaint at all issue question they can call somebody immediately it's not wait till business is open next morning it's twenty four seventh's so we believe that by permitting this it creates a structured environment methods for the neighbors to reach out if they if they have for the record there are three or two against need at least five votes in order to approve the use of commissioner robinson as it's not counted and the chair would only go to break the tie in this case there's only three  verbal discussion with mr eubanks so perhaps they could continue and get something in written indicating he didn't seem to be that he would reverse essentially and perhaps they could make a director and good morning commissioner so now we had an exciting morning now we're moving away from short term rentals and back into the bed and breakfast realm with the next two items so both of these items the owners live on site and will continue to live on site  property i'd like to point out and the inaccuracy on the staff report on page two second paragraph it describes the bed and breakfast home dwelling that's being proposed as a two bedroom and one bath u it's actually got two bathrooms just so we're clear this is about two and a half acre parcel it has it is covered with various fruit and nut trees including citrus banana coconut so you can see the parcel is kind of a case shaped a lot and the red lines indicate the property foundries and up in the upper the red lines continue on but we couldn't get the whole thing on to the slide that is along the flag lot so that's a long driveway out to the road as you can see it's heavily wooded on the to the west and the family home it's in the center  property and the proposed bed and breakfast home is in the eastern quadrant of the property so we're we're only looking at the special use permit because this is on state ag land it's kurt was emphasizing in one of the previous discussions today so you have certain criteria that you will use to make a determination on this  case and we are essentially going to be looking at whether the use that is desired would change or not change the essential character of the district nor be inconsistent with it and there are five create area that you use you probably very aware of them i'm going to go through each of them briefly the first one that it's not contrary to the objectives sought to be accomplished by chapters two of a h r s and the rules of the language commission and the bed and breakfast will take place in a permitted wehling and will not conflict with the agricultural uses that are taking place on the property and we do not anticipate that the b n p would be in any way contrary to the goals and objectives of state now as to whether the desired use would i what would it affect on surrounding property would be in this is two and a half acre lot most of the other lot surrounding it are either that size or larger the closest neighbor to them has presented a letter of support which is included in your package the total number of guests will be limited for that would be two adults and two minors per bedroom so the total for the house would be eight maximum that would require them to have two parking spaces they easily have plenty of parking the residential agricultural neighborhood is characterized as i said by similarly situated parcels and homes and there will be strict house rules with the applique which the op can as she does live on site will be enforcing as a condition of approval now as far as whether there will be any unreasonable burden on public  agencies this home could be occupied by an owner occupier owner occupant it could be occupied by a long term rental there's absolutely no evidence that i know of in the field that would tell us that this home will be use would have any adverse impact that would be any greater than any other type of occupancy when we know that there have been unusual trends and needs have arisen since the district boundaries and not unsuited to agricultural uses and it is being used to its maximum for agricultural uses as i said they have been implemented and which we'll be seeing in just a moment approximately twenty percent of the property is covered by a very steep gulch and  ily wooded would you consider it to be in conservation use it couldn't be planted so i found out the applicant has at least forty five mature coconut palms and plans to add fifty more more than three hundred apple banana plants various different groups were tried and it turned out the myer lemon was the improved my lemon was the thriving winner of the bunch and so are continuing to grow those and i believe have plans to plant additional one once they actually get a crop of each of the crops as they come in they plan to do so selling to mana foods or two at a farmers market different agricultural pictures of the ag so this is just to give you the orientation this is the proposed house for the bed and breakfast and this is the family's drawing and we have patches of  first of all the testimony that we had the applicant had one letter in support of the project and no protests they will be required to get a bed and breakfast home from it which has extensive conditions of approval that they have to comply with including carrying insurance including  so just to let you know give you an idea of this so there are so you can see in the center of the green circle area and to the to the east north north shown around and this shows you the short term rentals and then back those that have been approved in the area the king or purple areas mark marks are the short term rentals that have been  and the green river to the bed and breakfast and they're not all approved if it's a triangle that's an application and then just one last slide which shows you the concentration of bed and breakfasts and structure of tremendous on the entire island of maui just to give you a sense of where they're being concentrated on a concentration of short term rentals on the west side but also a cluster of being a lot of bed and breakfast on the north shore and then my last slide it was and i wanted to let you know that the applicant is in the audience today along with her daughter and son in law and unless the well in is here and is available for questions does not stated in the county planning departments report and recommendation to the maori planning commission dated september twenty second two thousand and fifteen the docket number s u p p to two thousand and fifteen impose comply with the five standards that you will use to determine yourself whether this is an unusual and reasonable use and the maori kind of planning to i recommend that the more planning commission approved especially  subject to the following conditions there are seven conditions and one of them the seventh condition is that the farm plan shall remain implemented throughout the duration of the special use from it evidence of implementation shall be submitted as part of any division and we do recommend that you adopt our reporting recommendation prepared for the september twenty second meeting as its findings of fact inclusions of law and decision in order and that you authorize the planning director to transmit said written decision in order on behalf of my planning commission a few questions from the commission he says there are no permitted then breakfast within five hundred feet as of july fifteenth which was our last published report this year there are thirty one fermented been represented grayson's in the community region with the cap for this area being eighty eight minutes and there are thirty six permitted short term rentals within the entire community plan region and the cap for short term reynolds is and is eighty eight as well b and round chapelle are here today and will give a brief introduction after the staff includes report  i think that audience to the audience to make it ok so just running through this this this application is for is a little confusing and if you read the description it took me a while to get my mind wrapped around it there are two two islands on this property large remained whirling and a small college and the applicant have lived in the main growling and raised their children and now the children are gone to college and they would like to be able to move back and forth between ohio and maine growing as their family returns to visit and so forth so the only one bedroom in the cottage but never both at the same time they will either be occupying the main drawing or the cottage so that's why you see it written as either four bedrooms or one  bedroom there's also in the main growing and you'll see an exhibit or when we get there there is an office that could be used as a bedroom but is not going to be used as a bit you know and we have a statement from the owner in the in the report which attests to will be rented out as single units to one family and not actually as individual bedrooms to multiple parties so there they want to offer for the college for short term rental but they want to be because they want to they always will live on site like to show you an aerial photo of the property you can see that it is a long and narrow are so running between along the street and  permits and i think we're going to hear a little bit later in the public testimony section from home probably will actually enlighten us as to why the cap why the caps were set and with the amount they were i don't know the answer that myself i'm curious but as you can available permits have been issued so there are three short term rental permits within within five hundred feet two of the three sorts of rental permits on the lama street are within five backing out into the area that you can see applications and permits a long long history that you know it's become sort of another resort destination area in a little bit of a way and most of the homes are occupied  ther by second second homeowners or their part time owners or if they are operating some type of short term run with or without a permit i'm not sure i don't do it for cement and then this is that same map that i show house it's a good family and so the department would have to have a program for the permit if granted by the commission will require the owners to live on site continue to live on site they will be allow preparing their patient for their bed and read this comment i visited the house it's beautiful beautiful house and i think it will be a wonderful bed and breakfast and their idea as the maturing family goes that we move out of the  house into the into the ohana and right now the big house just makes sense in terms of the way people's lives go and maybe someday the kids will be back in the womb back into the meat house and continue to run o wonderfully given the opportunity to do that i did want to give some testimony and address a concern that i've heard the commission express a number of times which is where did these caps come from where did the numbers that that we're working under come from and it goes back almost exactly ten years ago when the real estate association commissioned a study from a company called the wind institute to do an inventory of what were the existing short term rentals and bed and breakfast on the island of maui at that time and they did this inventory and they they created a record and they came up with i believe the number was of eleven hundred at that time of which eight hundred were individual units eleven hundred included everybody breakfast room so someone had five but like this group they were reading out that was it but it was eight hundred properties total when the bed and breakfast ordinance first came around the planning director simply said let's take that eight hundred cut in half and let's assume half of them were bed and breakfast so that's where the four hundred then came from now how  distributed those four hundred well as they looked at each existing distribute distribution at that time and this was the key hay on the cannot distribution and if you look at this looks a lot like the maps that you sometimes see now and in there were two hundred some so that's how we ended up with one hundred being these and a hundred yards as the numbers in say while loop for example there weren't many existing at the time so they didn't just simply say well numbers that were a stout which true that housing stock in each area there was no area where it exceeded more than four percent of the housing stock in any one area that were going was going to this use i believe the highest number was down in hama where it was just about four percent but in like he had a area it was somewhere in that chewed it to an amp or cent range of the total number of houses that were in that area single family homes that would be allowed to get permits and that is kind of where the council decided in this two and a half percent range we're really not going to be adversely affecting housing tell you that so that's just a little history of back in terms of like the area you're looking at right now a look historically at what has the use of these homes been and and the fact that we've had this one it hasn't changed that  you know we haven't really created a new change in use because going back ten years that was the existing use and the expectation on the council's part was that there were would be some clustering in these areas where  they basis and that's why they worship a higher number to those areas so for example the oceanfront homestead on the beach front homes there is about one hundred seventy ocean front property using there are an extensive list of restrictions and standards that they will comply with all the way from item eight through as listed in the recommendation before it in conclusion out recommends approval of the band practice from subject to standard conditions the president will run if granted until september thirtieth two thousand and eighteen and they will be fired at that three months before that two come in with compliance report and request a time extension and during that time of course we review to make sure there have been no incidents of concern regarding complaints regarding any kind of police incidents and  so the department will do extensions that probably will research the permit operation from the time of approval to the time they apply for an extension a determined whether indeed they should extend it or so there are seventeen standard conditions of approval and in consideration of the foregoing them our planning department recommends a more planning commission adopt the department's report and recommendation prepare number one that you have bank is fairly stable and so quite a bit of that state land is is a steep bank now it's planted i believe with mostly now pockets that i would actually ask the applicant to answer if you wanted to know more details about what's in front of their property you know and that the department has gone through and is still going through quite a number of exercises to to sort of take back the beach if it's been overgrown by and that's usually what ends up happening there is some sort of even alpaca or some other vegetation that that either natively grows or is planted in some cases we found people who are actually irrigating that to create more of a buffer but the department has little by little been going around working with property owners to to reverse that trend and a good example is is in front of the with the man acquiring maui condominiums and south maui right at the base of doctor the department successfully worked with them to remove the overgrowth and sort of spread out the beach area and their their state their property line to the beaches way up in think the regional council i think the original condition if it's an already a legal requirement we can understand that but the if if the if the signage is a state requirement it's actually a legal requirement then that's ok but i think if we're reporting the sign generally there would be a showing of need for mitigation basically meaning that it is something that they're doing is the use of doing cutting off the beach access or having an adverse effect on the beach access certainly if it's if it's already a requirement and  not having got it to you know only growing vegetation on your property and understand that the requirement of a sign from the commission it would be something that i think you would need to tie into the criteria required for the approval of the  requirements i don't think there's any problem with that condition but i'm unaware of there is a requirement yet with this with signage or something like that we can certainly require that they not plant outside of their property line that was part of and you know there is also growth there is a you know there's like there's you know there's a definite barrier between the beach and between the puppy owners and if we're go permit people to have a permit to operate something would we as a colony want to make sure that they're in compliance with all things before we give them something else like this that if you look at the photo on the next page looks great but like anybody with a lot on the beach then i think that that's a person's house i mean i would to you know and good for them i felt my house i was on the same thing but if we're going to start giving people permits to go ahead and you know have a financial benefit from the house the for a living is this an accurate description of the rafi lights are legal suits that's a very good question and we've recently gone through an exercise with another property trying to determine  google earth but we don't have the layers for the property lines we can look at the real property tax maps but when they vary which they do sometimes very probably fairly often they're just not yet to the point where they are one hundred percent accurate and none of the g i s systems that we have access to at this time give give us one hundred percent confidence in those lines i can't tell you what level of confidence we have but  firm it does say that this will be and place until we can come up with a better solution which is of course trying to correct you know so now we are ocean which is an entirely other issue that we don't want to get into i can tell you from personal experience that people behind the house between all the properties have free will and they're welcome and while the photographs it does look like it's restricted there is sign up i'm all for that as well as you know make sure that it's very clear that anyone that is renting the house thank you for explaining to me i'm having a hard time supporting you moving back and forth between a central house and a cottage and you and your belongings and your personal it's thirty feet it's still it's still moving somebody to move rooms from one to another it's is a challenge have you ever tried doing this in the last few months before supplication where you would leave your stuff from one place to another i can't say we've been we've experimented with moving back and forth and we're we're still in the process of you know trying to clean up the attic from you know the twenty years since i've been and stuff but that is very much our intention again where we're looking for supplementary income it's not the intention to make this a full time you know business it's to you know try to accommodate you know getting my home  is my concern is is we any business as it becomes lucrative it's and you have you have more people wanting to stay at your home and you have more requests for your main house and your car and tolls you know economics is economics and at some point you know you may be tempted to go ahead and rent both and not having one permanent residence is going to allow you to do that we've got to separate your intent now when the money comes coming in you know because i've seen it and the floor they're all filled to the standards at the time it seems like there's been a sliding scale of standards that have changed over the last twenty five years or so so our home and or in the backyard  franks who runs an automatic party and usually the owner is recognized as an automatic already but not technically of your rules but the the older really is the party with the most at stake here now we know and it was the action i submitted the statement so that everybody would know that we don't oppose it at the plans and basically it's the exact same project so they have made no changes and therefore we would ask the commission to waive their review as we don't feel it's necessary the next step which is under the most step three it's just sort of like confirmation that what the applicant presented to the commission and what the commission would approve is actually what they are submitting to it the only notable condition was the height of the buildings commission wanted the height of the buildings for this project to not exceed the height of the buildings the way the center which is next door there was only substantial condition and that required them to drop the level of one building by two feet which they did everything else with respect don't then you want to look at it it should be kept in mind because it's face if it's a fish three a painful decision of the commission is to say if it's in compliance with phase two or not it's not to add additional conditions which cannot deal and it's not to additional requirements which you cannot give fate phase two is already been approved so that's that's already done and you're terminations are you are are you know clients with the face two planes that are already granted so that's the