LIHU‘E — A possible oversight by the Kaua‘i Planning Commission has divided the tight North Shore community, and an artist who has been in business since 1990 in Hanalei is being brushed off by his own neighbors, he said.
Mark Daniells has been running his tiny art gallery for 20 years, located across Kuhio Highway from Hanalei School. Problem is, his permit had expired 19 years ago.
Daniells had been granted a temporary, one-year permit back in June 1990. After one year the Planning Commission was supposed to reevaluate Daniells’ permit. Just now Daniells finally reapplied to change his permit status to permanent.
On April 13 the Planning Commission granted a permanent use permit to Daniells to allow him to continue to operate his art studio and gallery. Daniells said that to keep the current permit, he is supposed to report to the Planning Commission every three years.
The Hanalei to Ha‘ena Community Association, with the support of eight of nine board members, requested Tuesday that the Planning Commission reconsider the decision, based on procedural errors.
One of the conditions of the original temporary permit was that Daniells was supposed to have made every effort to relocate the retail portion of his studio to a different area within Hanalei town if a commercial space became available.
On the same property that Daniells runs his 288-square-foot studio and gallery, his wife operates a small preschool. Also on the 7,900-square-foot property, the couple runs a vacation rental, which Daniells says is legal.
“People in the North Shore love me,” Daniells said. “My wife has taught hundreds and hundreds of children over the years.”
Daniells said a letter sent by board members of the community association does not reflect reality. The letter requests that the Planning Commission reconsider its actions.
“I don’t feel the community has been represented by the letter,” said Daniells, adding that only a small number of community members have been approached about the issue.
Daniells said he thinks his gallery is being targeted because he owns and operates a vacation rental on the same property.
He called the board members’ actions “vindictive and malicious.”
The board members, however, had another story.
“It’s not about that, it’s about procedural errors,” board member Beau Blair said.
Board member Barbara Robeson said had Daniells applied for a temporary use permit, like the original one, they would be OK with that.
“He wants to subdivide the land and sell it as a commercial use,” Robeson said.
Blair and board member Caren Diamond confirmed it, saying that Daniells has even advertised his land as commercial space.
“The Planning Commission overlooked the temporary aspect of the permit,” Robeson said.
With the original permit expired, Daniells would have to apply for a new permit and go through several steps to have it approved. Robeson says none of this happened.
The letter requesting reconsideration states that Daniells failed to disclose to planners that he owns and operates the vacation rental on the same property.
Robeson said the studio is across the street from Hanalei School. She said the community association is concerned that if he sells his land, traffic in the area could increase, posing a danger to school children.
“We want him to continue there. We like his gallery,” Blair said.
Daniells said he did try to sell the land, but was unsuccessful. He admitted to intend to divide his property and self half of it, because he wants to be able to stay in Hanalei and pay for his retirement.
Daniells’ wife, Diane, has served as a board member for the community association for 20 years, and only recently has left the board. All involved have been friends for a long time.
“We are all friends,” Blair said. “It’s really sad.”
“I’m really sorry this matter has been taken this far,” Mark Daniells told the Planning Commission on Tuesday, adding that he and his wife were not given the opportunity to express themselves to the community.
“Right now there needs to be a certain degree of healing in this community,” Daniells said.
The artist said the issue has been blown out of proportion, but he is sure the parties involved will come to an understanding at some point. “We’ll make it work.”
Daniells, an long-time Hanalei resident, said he hopes he will be able to continue operating his business, but had a dash of uncertainty.
“They have a lawyer. I don’t,” he said.
Daniells said the community association is worried about impact. But no one can operate a different kind of business than the use permit currently allows, he said.
Despite planning to stay in Hanalei for the rest of his life, Daniells said he didn’t want to close the door on some young artist who may want to have a career in Hanalei. In case Daniells decides to pass the torch, the permit will be in place already.
The letter requesting the reconsideration says the original permit had a condition limiting the gallery’s hours of operation to weekends, holidays and when school is not in session. The letter states, however, that the gallery operates on weekdays and during school hours.
“It’s where I do my work,” said Daniells, adding that to remedy the situation he plans to put a sign stating people are invited after school hours. “But I can’t stop painting, so I need the doors open.”
Planning Commission Chair Caven Raco said he will request the Planning Department to send an investigator to check the gallery’s hours of operation.
