Hopeful restaurant owners have to begin as ‘snack shop’ due to county’s permitting process

Over the past few years, Mark Singletary has curated an Italian sandwich menu that he imagined would be an untapped niche for Hawaiʻi Island, especially in upper Puna. 

When ʻOhana Market and Grill closed early this year in Mountain View, Singletary and his wife Cassie Hitsman saw an opportunity to put that menu to use.

In April, they leased the former restaurant with a great location at 17-4003 Ahuahu Place. They were eager to hit the ground running, but they say Hawaiʻi County’s permitting process has slowed their progress for nearly eight months.

While they were able to open in July as Wyattʻs Place, named after their newborn son, they say they could not do so as a restaurant. The countyʻs Planning Department told them they could only serve eight customers inside at a time, and offer take-out.

Singletary said the location had been operating as a restaurant for years, so he was surprised at the limitations.

“We leased a restaurant that has been glorified food truck since we opened,” Singletary said.

While Singletary and Hitsman said they knew they needed a liquor license and were open to doing whatever was necessary to operate their business, they did not foresee the time it would take and the amount of departments involved with the process. They also were told they may need a new inspection from the Department of Public Works’ Building Division.

It turns out the 1-acre parcel is zoned for agricultural use, which means Singletary and Hitsman had to apply for a special use permit since the intent of this zoning is to preserve lands of high agricultural potential. 

In 1998, the former owner of the property, Daniel De Luz, applied to amend his special use permit to include a commercial kitchen and snack shop, which was approved, according to the Planning Department.

At the time, De Luz was operating a woodcraft workshop and gallery, which utilized locally grown wood and agricultural processing on the property, under another special use permit. He wanted the kitchen and snack shop to complement his existing business. 

“This permit does allow them to operate a small restaurant there,” Deputy Planning Director Jeffrey Darrow. “If the new occupants want to apply for a liquor license, the permit just needs an amendment that would have to be approved by the planning commission.” 

The first step in the process to obtain an amendment or a new permit is to apply using the county Electronic Processing and Inspection Center. The Planning Department has 15 days to review it and recommend approval or denial. If an approval is recommended, applicants next go to a public hearing before the Planning Commission within 90 days of the application for the final decision. 

“The 90 days for approval or denial is the regular process, but others can file a contested case if they donʻt agree with the plans,” Darrow said. “In that situation, all timing is off and it can take a while. We recommend business owners hire a planning consultant who can answer everything more correctly and thoroughly to help people through the process.”

Singletary and Hitsman did hire a planning consultant when they began the process in May, but it took much longer for the consultant to turn in the application correctly, which delayed the process.

But earlier this month, the couple got good news. They officially were given the date of Jan. 2 to meet in front of the Windward Planning Commission, at which time the public also can comment about the requested permit amendment. It would remove the woodworking shop and gallery use and expand the existing kitchen and snack shop to establish a restaurant.

Zoning and Planning Department permits can be found for properties across the Big Island with an interactive map online. 

“We’re excited to finally have a meeting and hopeful that everything will work out as far as the Planning Department goes,” Hitsman said. “I think what is specifically difficult with this process was learning exactly what we needed and then the time it took to get anything done. It has made us feel stifled as a small business even though we’ve made it work so far.”

When giving advice to people who are considering starting a business in an existing structure, Darrow suggests they check in with the necessary county departments to make sure everything has been approved or can be inspected if needed.

“We always tell people to walk down the line,” Darrow said. “Get a building inspection from Public Works, reach out to the state Department of Health to look at the wastewater system, do everything possible first before coming to Planning for the final push.”

In the meantime, Singletary and Hitman have employed seven people and received more than 50 5-star reviews for the food made with mostly local ingredients.

The couple is hopeful the permit will get approved.

“No one can deny the population, in Puna especially, is growing exponentially,” Hitsman said. “We need to be investing in places that are helping the local economy.”

Their current employees work full time and receive full coverage health insurance.

“That is huge for a more secluded environment in Mountain View and we could realistically employ 40 people with the way I want to do things,” Singletary added.  

Deedee Gomez cooks at Wyattʻs Place and has been grateful to work in a restaurant that feels much different than her prior jobs and is an easier commute.

“I live in Hawaiian Paradise Park and I save a ton of time on driving since Iʻm not going downtown anymore,” Gomez said. “I also see that weʻre feeding more locals here instead of tourists, which is a nice feeling. Iʻm not doing fancy plating anymore, but weʻre truly giving customers the best, freshest products out there.”

Wyattʻs Place is open 11 a.m. to 7 p.m. Friday through Wednesday.