Board Chairwoman Herminia M. Fusco noted that Tanapag is a residential area and its residents are opposed to the idea of rezoning their village into a commercial area.
Torres, Ind.-Saipan, asked the board to grant a variance which will allow Waft by the Sea restaurant to stay in the village.
According to Fusco, however, a variance will not work, because the procedure provided in the Saipan Zoning Law “is only available to permit lots and structures that do not meet the dimensional requirements (and) not to permit prohibited uses.”
Waft by the Restaurant, owned by Hidehito Hida, was constructed a year ago but over a hundred people signed a petition opposing its operation in the area, citing environmental, safety and health concerns.
Because the restaurant is located in a residential area, the Zoning Board denied the owner’s request for a zoning permit.
Calling the board’s action “unfair,” Torres said Waft by the Sea has been in business in Tanapag for many years and has been a “good neighbor with a quiet business as a small beachside restaurant.”
He said not all the people who signed the petition are Tanapag residents.
The other petition favoring the restaurant included the signatures of 30 of those who signed the petition against the restaurant, he added.
Torres said there is no need to rezone Tanapag to allow the restaurant.
“It needs only a simple variance,” he added.
Fusco explained that the power to zone and rezone is legislative in nature, thus, the Saipan legislative delegation can rezone the area to accommodate Waft by the Sea.
However, as the law stands now, Fusco said the Zoning Board cannot issue a zoning permit to the restaurant.
