Supporters of Kona Aerials Gymnastic Team Inc.’s application for a Special Permit packed council chambers Friday at the West Hawaii Civic Center to present testimony to the Leeward Planning Commission.
Dozens of keiki and parents filled the standing room only meeting offering their positive experiences with the gymnastics with often emotional testimony. They extold the virtues of training and competing in gymnastics with many expressing expectations of gaining college scholarships.
“Please don’t close down our gym,” was the common testimony given.
In a July 2021 Special Permit Application, Kona Aerial Gymnastic Team Inc. submitted documentation stating the use of an existing agricultural warehouse structure located off Hualalai Road, approximately 700 feet east from its intersection with Queen Ka’ahumanu Highway for gymnastics classes and fitness training, which is currently ongoing in violation of the parcel’s zoning. The warehouse is located on a 2.3 acre portion of a larger 23.738 acre property zoned agriculture and owned by Daniel and Janet Bolton.
The structure, which is not allowed under the current zoning does not have building permits as well, which is why the applicant, Kona Aerials is seeking a special permit to continue operations.
The case has been postponed several times, and has been operating outside of zoning parameters. The after-the-fact application by Kona Aerials Gymnastics is for a special use permit to legitimize its operation on agricultural land.
Councilwoman Rebecca Villegas said even though there is no doubt how valuable the program is for the keiki, as far as the issue at hand, it is a bait and switch when the real issue is being confused.
“The property owner and gym owner have made no effort to rectify the safety and permitting issues related to the property and structure. They have had years to do so. Neither the property owner or gym have been able to provide a lease outlining their agreement on rent, facility upkeep or who would be responsible for paying for the permits they were directed to work on on the first SUP hearing,” she said.
Villegas said nobody wants to close the gym, that was a false narrative that has been told to the young people.
“We all want our keiki continuing to practice in a legal, safe and healthy location,” she said. “Kona Aerials has been asked to shoulder the responsibility of applying for a special use permit instead of the land owner.”
John Pipan, Planning Administrator for Land Planning Hawaii LLC spoke on behalf of Kona Aerials saying the structure has been evaluated and found fine for the proposed occupancy and providing engineering reports.
Coach Nanette Guiffrida, owner of Kona Aerials said her lease agreement with the landowner is verbal, and she is comfortable with that.
“I believe it is my right to have a verbal lease and not have something written,” she said.
She said there is no other building in Kona that could hold what they do.
“Right now we have a facility that could accommodate olympic training. We are doing everything we can to comply and to do it right and we are getting hit with things that have nothing to do with us,” said Guiffrida.
After much discussion among Land Use Commissioners, they unanimously voted to grant the special use permit with conditions.
Kona Aerials must submit plans and have them approved by the planning department within a six month time period.
After receiving plan approval, the applicant has 16 months to secure and finalize all building permits including a certificate of occupancy. They will not be charged for the time it takes for the permits to undergo government review.
If along the way, Kona Aerials does not meet the established deadlines, the special use permit will be immediately revoked.
The Planning Commission also gave the applicant five years to re-align the entrance to the property so as not to be on a blind curve and in a flood plane, where it is currently situated.
In the mean time Kona Aerials Gymnastics will continue to operate at the location.