Puna Community Development Plan Action Committee
Communications to AC
5/7/2013 4:29:36 PM
5/7/2013 3:58:57 PM
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Communication No. 2012 -57.2 <br />to comply with certain corrective action, including to "Cease and desist operating all <br />unpermitted activities on the subject property that were not represented under Special <br />Permit No. 1122. These include, but are not limited to, the weekly farmer's market, <br />swap meet, bazaars, jazz cafe, community movie nights, drama workshops, family <br />parties and group events, weddings, and music and public performance programs, and <br />any other unpermitted non - agricultural business on the subject property." The Notice <br />also ordered the applicant to cease all unpermitted activity until an amendment to <br />Special Permit No. 1122 was applied for and approved from the Planning <br />Commission to allow the additional uses. Lastly, the Notice stated that "Continuation <br />of the above referenced unpermitted activities may result in the Planning Director <br />initiating revocation proceedings before the Planning Commission to revoke Special <br />Permit No. 1122." <br />Since the March 1, 2010 Notice of Non - Compliance of Conditions of Special Permit <br />No. 1122 was issued, the applicant has continued to violate conditions of Special <br />Permit No. 1122 and has not complied with the cease and desist orders issued by the <br />Planning Director. <br />For clarification purposes, you will observe that there are several different entities <br />mentioned throughout the different correspondences associated with the property. <br />These include Seaview Performing Arts Center for Education (SPACE), Hawaii <br />Volcano Circus (HVC), Bellyacres and Village Green Society. The original applicant <br />for Special Permit No. 1122 is Hawaii Volcano Circus (HVC), which is represented <br />continually by Graham Ellis. Ellis is also connected to the other entities mentioned <br />above. Attempts have been made by the applicant (Ellis) to disassociate himself with <br />certain activities occurring on the subject property by stating that the activity was <br />conducted by another entity and not the applicant even though Ellis was clearly <br />associated with the activity. It is the Planning Department's position that the <br />applicant is responsible for complying with all conditions of approval of the Special <br />Permit on the subject property as required in Condition No. 1, regardless of which <br />entity is being accused for the violation. <br />2 <br />
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