HomeMy WebLinkAbout2025-06-16 PL-BOA-2025-000119 COMPLETE RECORD ON APPEAL (C. ROHR VS. PLANNING DIRECTOR) JEFFREY W. DARROW
PLANNING DIRECTOR
COUNTY OF HAWAI`I
101 Pauahi Street, Suite 3
Hilo, HI 96720
Telephone No. (808) 961-8288
IN THE BOARD OF APPEALS
COUNTY OF HAWAI`I
STATE OF HAWAI`I
CLAUDIA ROHR )
PL-BOA-2025-000119
Appellant, )
Appeal of Decision by the Planning Director
Dated April 11, 2025, Regarding Special
Management Area(SMA)Use Permit
vs. ) Assessment Application (PL-SAA-2025-000280)
Exemption.
JEFFREY W. DARROW )
PLANNING DIRECTOR )
COUNTY OF HAWAI`I )
Appellee. )
INDEX TO RECORD ON APPEAL
1
INDEX TO RECORD ON APPEAL
Appeal of Decision by the Planning Director Dated April 11,2025,Regarding Special
Management Area (SMA) Use Permit Assessment Application (PL-SAA-2025-000280)
Exemption.
DOCUMENT
NUMBER DATE DESCRIPTION PAGES
1 3/31/2025 SMA Use Permit Assessment Application No. 1-15
(Date Rec'd.) PL-SAA-2025-000280 for Richard Standke dated
March 14, 2025 on TMK: (3) 2-1-018:013
2 4/9/2025 Email from Claudia Rohr to Planning Department 16-19
(PD)regarding PL-SAA-2025-000280 application
completeness and parking concerns
3 4/11/2025 PD letter to Richard Standke returning application 20-21
PL-SAA-2025-000280
4 4/14/2025 PD Invoice No. Planning 2425-96 to refund filing 22-26
fee for PL-SAA-2025-000280 to Richard Standke
2
1NtY'��M County of Hawaii Planning Department
www.hiplanningdept.com - planning@co.hawaii.hi.us
_ East Hawaii Office• 101 Pauahi Street,Suite 3 - Hilo,Hawaii 96720
�.;a .'. Phone(808)961-8288 - Fax(808)961-8742
r�r .r.M: ;►
West Hawaii Office • 74-5044 Ane Keoholcalole Hwy • Kailua-Kona,Hawaii 96740
Phone(808)323-4770 • Fax(808)327-3563
SPECIAL MANAGEMENT AREA USE PERMIT ASSESSMENT APPLICATION
APPLICANT INFORMATION (Applicant is the person or entity actually responsible for the proposed use, activity or
operation typically the landowner or lessee.)
APPLICANT'S NAME(S): Richard Standke
ADDRESS: 2448 E Orangeview lane
CITY: Orange STATE: CA ZIP CODE: 92867
EMAIL: richard.standke@gmail.com
PHONE NUMBER(S): bus: hm/cell: 818 357-6889
SIGNATURE(S): DATE: 3/14/2025
LANDOWNER INFORMATION ❑ SAME AS APPLICANT (may leave this section blank)
LANDOWNERS NAME(S): Richard & Deborah Standke
ADDRESS: 2448 E Orangeview Lane
CITY: Orange STATE: CA ZIP CODE: 92867
EMAIL: richard.standke@gmail.com
PHONE NUMBER(S): bus: hm/cell: 818 357-6889
SIGNATURE(S): DATE:
❑✓ Landowner agrees to grant representatives of the County of Hawai`i the right to enter the property at
reasonable business hours for the purpose of site inspection.
AUTHORIZED AGENT/CONTACT PERSON
CONTACT NAME(S): Richard Standke
ADDRESS: 2448 E Orangeview Lane
CITY: Orange STATE: CA ZIP CODE: 92867
EMAIL: richard.standke@gmail.com
PHONE NUMBER(S): bus: hm/cell: 818 357-6889
SIGNATURE(S): DATE: 3/14/2025
TAX MAP KEY(S): 3-2-1-018-013
1
FLOOD ZONE (Can be obtained from the Department of Public Works-Engineering Division):
NATURE OF DEVELOPMENT/ACTIVITY:
1. Currently the upper main floor sits above two bedrooms below. There is no internal staircase
connecting the two parts of the house. This adds stairs in the living room to the lower bedrooms.
2. The plans add a lanai to the upper floor in front of the current house living room. It will be the
width of the house (20' ) and exend 12' in front of the house.
3. The current roof will extend over the new lanai. At the same time the old roof will be replaced.
TOTAL COST/FAIR MARKET VALUE OF DEVELOPMENT: $2 5 7 0 0 0
DATE OF APPLICATION 3/14/2025
PLEASE PROVIDE THE FOLLOWING ADDITIONAL INFORMATION:
1. A description of the proposed development in sufficient detail to convey the full
extent of the improvement proposed to and upon the land. For example, in the
construction of a structure, specify the amount of land area to be graded and leveled
to accommodate the proposed structure,parking area and other related facilities.
2. A statement of objectives of the proposed project.
3. A description of the anticipated impacts of the proposed project on the Special
Management Area(SMA), including:
a. Description of the area involved, including existing uses, structures, vegetation,
and other features.
b. Description of surrounding area and land uses.
c. The relationship of the proposed action to land use plans,policies, and control of
the affected area;
d. Description of how the proposed project will affect the area involved and
surrounding areas.
e. Description of impacts which cannot be avoided and mitigating measures
proposed to minimize that impact.
f. Alternatives to the proposed project.
g. Any irreversible and irretrievable commitment of resources.
4. A written description of the anticipated impacts of the proposed development on
valued cultural, historical or natural resources on or in the vicinity of the property, to
include:
a. The identity and scope of valued cultural, historical, or natural resources in the
area, including the extent to which traditional and customary native Hawaiian
rights are exercised in the area;
b. The extent to which those resources, including traditional and customary native
Hawaiian rights, will be affected or impaired by the proposed action; and
c. The feasible action, if any, to be taken to reasonably protect any valued cultural,
historical or natural resources, including any existing traditional and customary
native Hawaiian rights.
3
5. A written statement discussing the proposed development and anticipated impacts of
the proposed development on the following in relationship to the objectives and
policies as contained in Chapter 205A, HRS, and the SMA Guidelines:
a. Recreational resources;
b. Historic resources;
c. Scenic and Open Space resources;
d. Coastal Ecosystems;
e. Economic Uses; and
£ Coastal Hazards.
THIS APPLICATION SHALL BE ACCOMPANIED BY THE FOLLOWING:
If available,please provide a compact disc containing an electronic .tif file of all plans larger
than 8.5"xI I"that are submitted with this application.
l. A filing fee of fifty dollars ($50). (Checks shall be made payable to the County Director
of Finance).
2. A shoreline survey of the subject property, as certified by the Chairman of the Board of
Land and Natural Resources, when the subject property abuts the shoreline. The certified
shoreline survey shall be prepared in accordance with the Department of Land and
Natural Resources Rules of Practice and Procedure. A request to waive the need to
prepare a certified shoreline survey may be submitted in writing to the Planning Director.
Circumstances that may warrant the issuance of a certified shoreline survey waiver
include cases where the entire shoreline fronting the subject property is "fixed" by a man-
made structure such as a seawall or revetment or when the proposed development will be
situated at a considerable distance from the shoreline.
3. A site plan of the subject property, drawn to scale, showing all existing and proposed
structures, uses and activities. Information such as the extent of any land alteration
(grading) activities and the location of a cliff or other distinctive land features should be
shown on the plans. Photographs of the subject property and the project site showing
existing conditions are not required but would greatly facilitate the review process.
4. Identification and detailed information of existing public access to and along the
shoreline and whether the access is being used.
4
5. If the proposed activity is the construction, enlargement, or reconstruction of a single-
family residence, the application must be accompanied by a floor plan including the total
floor area* calculation. Please note that pursuant to Hawaii Revised Statutes, any
single-family residence seven thousand five hundred (7,500) square feet of floor area, or
greater, will require a Special Management Area(Major)Use Permit.
* Floor area shall be the total area of all floors of a building(s) associated with the single-
family residence, including a basement, measured along the exterior walls of such
building(s). The floor area of a building(s), or portion thereof, not provided with
surrounding exterior walls shall be the usable area under the horizontal projection of the
roof or floor above (ie. storage, garages, carports, and lanais under roof are to be
included).
6. Any other plans or information that may be required by the Planning Director.
A Final Environmental Assessment or Final Environmental Impact Statement which has been
declared adequate under the National Environmental Policy Act (NEPA) or under Chapter
343, HRS, may constitute a valid filing under this section.
The submittal of an incomplete application will delay official acceptance by the
Department. Furthermore, additional information may be requested by the
Department during the course of the review process. If you have any questions
about your submittal, please contact the Planning Department prior to finalizing
your submittal. Please note that pages 6-10 of the application do not need to
accompany your submittal.
5
HAWAI I REVISED STATUTES
§205A-2 Coastal zone management program; objectives and policies.
(a) The objectives and policies in this section shall apply to all parts of this chapter.
(b) Objectives.
(1) Recreational resources;
(A)Provide coastal recreational opportunities accessible to the public.
(2) Historic resources;
(A)Protect,preserve, and, where desirable,restore those natural and manmade historic and
prehistoric resources in the coastal zone management area that are significant in Hawaiian
and American history and culture.
(3) Scenic and open space resources;
(A)Protect,preserve, and, where desirable,restore or improve the quality of coastal scenic and
open space resources.
(4) Coastal ecosystems;
(A)Protect valuable coastal ecosystems, including reefs, from disruption and minimize adverse
impacts on all coastal ecosystems.
(5) Economic uses;
(A)Provide public or private facilities and improvements important to the State's economy in
suitable locations.
(6) Coastal hazards;
(A)Reduce hazard to life and property from tsunami, storm waves, stream flooding, erosion,
subsidence, and pollution.
(7) Managing development;
(A)Improve the development review process, communication, and public participation in the
management of coastal resources and hazards.
(8) Public participation;
(A) Stimulate public awareness, education, and participation in coastal management.
(9) Beach protection;
(A)Protect beaches for public use and recreation.
(10) Marine resources;
(A)Promote the protection, use, and development of marine and coastal resources to assure their
sustainability.
(c) Policies.
(1) Recreational resources;
(A)Improve coordination and funding of coastal recreational planning and management; and
(B) Provide adequate, accessible, and diverse recreational opportunities in the coastal zone
management area by:
(i) Protecting coastal resources uniquely suited for recreational activities that cannot be
provided in other areas;
(ii) Requiring replacement of coastal resources having significant recreational value
including,but not limited to, surfing sites, fishponds, and sand beaches,when such
resources will be unavoidably damaged by development; or requiring reasonable
monetary compensation to the State for recreation when replacement is not feasible or
desirable;
(iii) Providing and managing adequate public access, consistent with conservation of natural
resources, to and along shorelines with recreational value;
(iv) Providing an adequate supply of shoreline parks and other recreational facilities suitable
for public recreation;
(v) Ensuring public recreational uses of county, state, and federally owned or controlled
shoreline lands and waters having recreational value consistent with public safety
standards and conservation of natural resources;
(vi) Adopting water quality standards and regulating point and nonpoint sources of pollution
to protect, and where feasible,restore the recreational value of coastal waters;
(vii) Developing new shoreline recreational opportunities,where appropriate, such as
artificial lagoons, artificial beaches, and artificial reefs for surfing and fishing; and
6
(viii)Encouraging reasonable dedication of shoreline areas with recreational value for public
use as part of discretionary approvals or permits by the land use commission,board of
land and natural resources,and county authorities; and crediting such dedication against
the requirements of section 46-6.
(2) Historic resources;
(A)Identify and analyze significant archaeological resources;
(B) Maximize information retention through preservation of remains and artifacts or salvage
operations; and
(C) Support state goals for protection,restoration,interpretation, and display of historic
resources.
(3) Scenic and open space resources;
(A)Identify valued scenic resources in the coastal zone management area;
(B) Ensure that new developments are compatible with their visual environment by designing and
locating such developments to minimize the alteration of natural landforms and existing
public views to and along the shoreline;
(C) Preserve,maintain, and, where desirable,improve and restore shoreline open space and
scenic resources; and
(D)Encourage those developments that are not coastal dependent to locate in inland areas.
(4) Coastal ecosystems;
(A)Exercise an overall conservation ethic, and practice stewardship in the protection,use, and
development.of marine and coastal resources;
(B) Improve the technical basis for natural resource management;
(C) Preserve valuable coastal ecosystems, including reefs, of significant biological or economic
importance;
(D)Minimize disruption or degradation of coastal water ecosystems by effective regulation of
stream diversions, channelization, and similar land and water uses,recognizing competing
water needs; and
(E) Promote water quantity and quality planning and management practices that reflect the
tolerance of fresh water and marine ecosystems and maintain and enhance water quality
through the development and implementation of point and nonpoint source water pollution
control measures.
(5) Economic uses;
(A)Concentrate coastal dependent development in appropriate areas;
(B) Ensure that coastal dependent development such as harbors and ports, and coastal related
development such as visitor industry facilities and energy generating facilities, are located,
designed, and constructed to minimize adverse social,visual, and environmental impacts in
the coastal zone management area; and
(C) Direct the location and expansion of coastal dependent developments to areas presently
designated and used for such developments and permit reasonable long-term growth at such
areas, and permit coastal dependent development outside of presently designated areas when:
(i) Use of presently designated locations is not feasible;
(ii) Adverse environmental effects are minimized; and
(iii)The development is important to the State's economy.
(6) Coastal hazards;
(A)Develop and communicate adequate information about storm wave, tsunami, flood, erosion,
subsidence, and point and nonpoint source pollution hazards;
(B) Control development in areas subject to storm wave, tsunami, flood, erosion, hurricane,wind,
subsidence, and point and nonpoint source pollution hazards;
(C) Ensure that developments comply with requirements of the Federal Flood Insurance Program;
and
(D)Prevent coastal flooding from inland projects.
(7) Managing development;
(A)Use, implement, and enforce existing law effectively to the maximum extent possible in
managing present and future coastal zone development;
(B) Facilitate timely processing of applications for development permits and resolve overlapping
or conflicting permit requirements; and
7
(C) Communicate the potential short and long-term impacts of proposed significant coastal
developments early in their life cycle and in terms understandable to the public to facilitate
public participation in the planning and review process.
(8) Public participation;
(A)Promote public involvement in coastal zone management processes;
(B) Disseminate information on coastal management issues by means of educational materials,
published reports, staff contact, and public workshops for persons and organizations
concerned with coastal issues, developments, and government activities; and
(C) Organize workshops,policy dialogues, and site-specific mediations to respond to coastal
issues and conflicts.
(9) Beach protection;
(A)Locate new structures inland from the shoreline setback to conserve open space,minimize
interference with natural shoreline processes,and minimize loss of improvements due to
erosion;
(B) Prohibit construction of private erosion-protection structures seaward of the shoreline, except
when they result in improved aesthetic and engineering solutions to erosion at the sites and do
not interfere with existing recreational and waterline activities; and
(C) Minimize the construction of public erosion-protection structures seaward of the shoreline.
(10) Marine resources;
(A)Ensure that the use and development of marine and coastal resources are ecologically and
environmentally sound and economically beneficial;
(B) Coordinate the management of marine and coastal resources and activities to improve
effectiveness and efficiency;
(C) Assert and articulate the interests of the State as a partner with federal agencies in the sound
management of ocean resources within the United States exclusive economic zone;
(D)Promote research, study, and understanding of ocean processes, marine life, and other ocean
resources in order to acquire and inventory information necessary to understand how ocean
development activities relate to and impact upon ocean and coastal resources; and
(E) Encourage research and development of new, innovative technologies for exploring,using, or
protecting marine and coastal resources.
§205A-26 Special management area guidelines. In implementing this part, the authority shall adopt the
following guidelines for the review of developments proposed in the special management area:
(1) All development in the special management area shall be subject to reasonable terms and
conditions set by the authority in order to ensure:
(A)Adequate access,by dedication or other means, to publicly owned or used beaches, recreation
areas, and natural reserves is provided to the extent consistent with sound conservation
principles;
(B) Adequate and properly located public recreation areas and wildlife preserves are reserved;
(C) Provisions are made for solid and liquid waste treatment, disposition, and management which
will minimize adverse effects upon special management area resources; and
(D)Alterations to existing land forms and vegetation, except crops, and construction of structures
shall cause minimum adverse effect to water resources and scenic and recreational amenities
and minimum danger of floods,wind damage, storm surge, landslides, erosion, siltation, or
failure in the event of earthquake.
(2) No development shall be approved unless the authority has first found:
(A)That the development will not have any substantial adverse environmental or ecological
effect, except as such adverse effect is minimized to the extent practicable and clearly
outweighed by public health, safety, or compelling public interests. Such adverse effects shall
include,but not be limited to, the potential cumulative impact of individual developments,
each one of which taken in itself might not have a substantial adverse effect, and the
elimination of planning options;
(B) That the development is consistent with the objectives,policies, and special management area
guidelines of this chapter and any guidelines enacted by the legislature; and
8
(C) That the development is consistent with the county general plan and zoning. Such a finding
of consistency does not preclude concurrent processing where a general plan or zoning
amendment may also be required.
(3) The authority shall seek to minimize,where reasonable:
(A)Dredging, filling or otherwise altering any bay, estuary, salt marsh,river mouth, slough or
lagoon;
(B) Any development which would reduce the size of any beach or other area usable for public
recreation;
(C) Any development which would reduce or impose restrictions upon public access to tidal and
submerged lands,beaches,portions of rivers and streams within the special management
areas and the mean high tide line where there is no beach;
(D)Any development which would substantially interfere with or detract from the line of sight
toward the sea from the state highway nearest the coast; and
(E) Any development which would adversely affect water quality, existing areas of open water
free of visible structures, existing and potential fisheries and fishing grounds,wildlife
habitats, or potential or existing agricultural uses of land.
\\coh33\planning\publicAwpwin6O\PC\PC Application Forms\SMA Assessment Form\SMA Use Permit Assessment Application-12.1.17 Draft.doc
Revised 12/4/17
9
County of Hawaii
PLANNING DEPARTMENT
Special Management Area Guidance
Is a portion of your property in the Special Management Area(SMA)? YES OR NO If you are
not sure,please call, email or stop by the Planning Department along with your tax map key
number.
If NO, an SMA review is not required.
If YES, does your project conform to one or more of the criteria below?
1. Repair or maintenance of roads and highways within existing rights-of-way.
2. Zoning variances for legally existing uses or structures, except for height, density,parking,
and shoreline setback.
3. Amendment of the General Plan.
4. Transfer of title of land; creation or termination of easements, covenants, or other rights in
legally existing structures or parcels of land.
5. Temporary events limited to 96 hours including set up and take down, such as community
events, sporting events, fund raisers, food events and family celebrations not involving any
ground disturbance and installation of permanent structures.
6. Construction or reconstruction of a single-family residence on land that does not abut the
shoreline and that does not exceed any existing statutory limitation on floor area square
footage,which is seven thousand five hundred(7,500) square feet of floor area, and is not
part of a larger development.
7. Demolition or removal of structures on land that does not abut the shoreline, except those
structures located on any historic site as designated in national or state registers.
8. Structural and non-structural interior and exterior repairs, maintenance,renovations, and
alterations to existing, lawfully established structures that do not increase the gross floor area
and do not involve any additional ground disturbance, such as installation of roof mounted
photovoltaic and solar panels, solar water heating systems,roof repairs or replacement,
window and door repairs or replacement and similar improvements.
9. Structural enclosures of lawfully established structures within the existing roof line and
foundation for decks, lanais, carports, garages, and similar accessory purposes.
If YES,please contact the Planning Department to have an SMA Short Form be completed
by Planning Department Staff or to determine if an SMA Assessment would still be required.
Please note that the Planning Department may require additional plans or information
deemed necessary to assess the proposed use, activity or operation.
If NO, please prepare and submit an SMA Use Permit Assessment Application (attached) or
SMA (Major) Use Permit Application as applicable. For more information regarding the
SMA rules and regulations, please feel free to visit our website
http://www.hiplanningdept.com/resources-and-references/special-management-area-sma/or
contact the Planning Department in Hilo at(808) 961-8288 or in Kona at 323-4770.
Revised 12/4/17
10
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14
Richard Standke
March, 31 2025
•
15
Oda, Michelle
From: Claudia Rohr <crohr4@gmail.com>
Sent: Wednesday, April 9, 2025 5:56 AM
To: Planning Internet Mail
Cc: Darrow, Jeff, Roy, Alex
Subject: PL-SAA-2025-000280 incomplete application
Aloha, Planning Director Jeff Darrow and Alex Roy,
PL-SAA-2025-000280 does not follow the Planning Commission Rules of Practice and
Procedure, Rule 9-10 Assessment. The application is incomplete, including a plot plan that shows
the driveway and parking spaces. The existing parking is inadequate and will be covered by the
proposed deck.
i
16
Oda, Michelle
From: Claudia Rohr <crohr4@gmail.com>
Sent: Wednesday, April 9, 2025 6:38 AM
To: Planning Internet Mail
Cc: Darrow,Jeff, Roy, Alex
Subject: Re: PL-SAA-2025-000280 incomplete application
Follow Up Flag: Follow up
Flag Status: Flagged
Aloha, Planning Director Jeff Darrow and senior planner Alex Roy,
PL-SAA-2025-000280 does not follow the Planning Commission Rules of Practice and
Procedure, Rule 9-10 Assessment. The application is incomplete, including a plot plan that shows
the driveway and parking spaces. The existing parking is inadequate and will be covered by the
proposed deck. Please confirm that you have rejected the application as incomplete.
Richard and Deborah Standke have conditional use permits to operate un-hosted short-term
vacation rentals (STVR) at 16 Oeoe Street and 14 Oeoe Street, with parking spaces for eleven
stacked vehicles that back out onto Oeoe Street through side-by-side driveways. I rely on Oeoe
street to take my walks down to Leleiwi and Richardson's beaches, to access my driveway at 369
Nene Street, and to receive emergency services, including fire trucks that hook-up to fire hydrants
on Kalanianaole Street. On-street and off-street parking and egress issues at 16 Oeoe Street and
14 Oeoe Street are directly traceable to the transient vacation guests staying at these properties.
The guests staying at this location often arrive in large groupsu that drive in separate
cars that causes significant adverse effects on the surrounding community—blocking vehicles
turning onto Oeoe Street from Kalaianaole Street creating a dangerous road condition, tsunami
evacuation congestion, diminished fire protection and access to other emergency services, and
unsafe conditions for bicyclists and pedestrians under the standard of review outlined in
Planning Commission Rules of Practice and Procedure, Rule 9-10 Assessment, part (h) Criteria
of Significant Adverse Effect, parts:
(2) curtails the range of beneficial uses of the environment;u
(3) conflicts with the long-term environmental policies or goals of the General
Plano or the State Plan;u
(4) significantly affects the economic or social welfare and activities of the
community, County or State; [Fn. 1.]
i
17
(10) is contrary to the objectives and policies of the Coastal Zone Management
Program and the Special Management Area Guidelines of Chapter 205A, HRS.0
In this case, adding a 240 SF lanai will expand the property's capacity to hold gatherings
and parties, drawing even more vehicles to Oeoe St., with cumulative and secondary effects on the
surrounding neighborhood.
Please provide for a "Special management area use permit" procedure under PC Rule 9-
11. "Special Management Area Use Permit Procedure" means an action by the authority
authorizing development ...which may have a substantial adverse environmental or ecological
effect, taking into account potential cumulative effects. I have a statutory and constitutional right
to a contested case hearing for a SMA permit approved by the Planning Commission based on
geographic location, and concrete injury to my property interests, my health, safety and welfare
protected under article I section 5, and article XI section 9 of the Hawaii Constitution and the
First, Fifth, and Fourteenth Amendments to the US Constitution.
Thank you for your consideration.
Claudia Rohr
808-640-5976
Lit The owners advertise 16 Oeoe Street "sleeps twenty people", and 14 Oeoe Street "sleeps 12
people."
L21 Nene St. and its side streets is widely used as a pedestrian travel way by the residents of Leleiwi
Neighborhood and as a pedestrian, scooter, and electric bicycle connection between Kings Landing
Homestead lots, Keaukaha tract II and Keaukaha Tract 1. Residents of the greater Keaukaha
Community use Nene St. to walk or bike to and from the beach parks or local schools or fishing
grounds as a safe travel way away from vehicular traffic and cars parked in the paved road
shoulder on Kalanianaole Street.
L31 See in proposed 2045 General Plan, Table 56: Transportation Access and Mobility, item # 22.a:
"Amend the County code to incorporate Vision Zero safety principles..."
L41 §46-4 County zoning. Zoning in all counties shall be accomplished within the framework of a
long-range, comprehensive general plan prepared or being prepared to guide the overall future
development of the county. Zoning shall be one of the tools available to the county to put the
general plan into effect in an orderly manner... The zoning power granted in this section shall be
2
18
exercised by ordinance, which may relate to: (2) The areas in which residential uses may be
regulated or prohibited; (12) The time, place, manner, and duration in which uses of land and
structures may take place; and (13) Other regulations the boards or council of any county find
necessary and proper to permit and encourage the orderly development of land resources within
their jurisdictions.
L51 §205A-2 Coastal zone management program; objectives and policies; and
§205A-26 Special management area guidelines.
On Wed, Apr 9, 2025 at 5:55 AM Claudia Rohr<crohr4 - 9mail.com>wrote:
Aloha, Planning Director Jeff Darrow and Alex Roy,
PL-SAA-2025-000280 does not follow the Planning Commission Rules of Practice and
Procedure, Rule 9-10 Assessment. The application is incomplete, including a plot plan that shows
the driveway and parking spaces. The existing parking is inadequate and will be covered by the
proposed deck.
3
19
SV o N
C.Kimo Alameda,Ph.D. �d?`•"•;f ,.' t!r', Jeffrey W.Darrow
4 /
Mayor �.� Vligf Director
William V.Brilhante Jr. Michelle S.Alm
Managing Director w;; Deputy Director
*
f pF•y1P
West Hawaii Office East Hawaii Office
74-5044 Ane Keohokalole Hwy • • 101 Pauahi Street,Suite 3
Kailua-Kona,Hawaii 96740 County of Hawaii Hilo,Hawaii 96720
Phone(808)323-4770 Phone(808)961-8288
Fax(808)327-3563 PLANNING DEPARTMENT Fax(808)961-8742
April 11, 2025
Richard Standke
2448 E. Orangeview Lane
Orange, CA 92867
VIA EMAIL
Dear Richard Standke:
SUBJECT: Special Management Area (SMA) Use Permit Assessment Application
(PL-SAA-2025-000280)
Applicant: Richard Standke
Landowner: Richard & Deborah Standke
Request: Return of Application
TMK: (3) 2-1-018:013; South Hilo District,Hawaii
This letter is in response to your Special Management Area (SMA) Use Permit Assessment
Application submitted to our office on March 31, 2025. You requested approval to construct a
first-floor concrete deck, a second-floor lanai, internal stairs, and to replace the roof of a single-
family residence located within the SMA. Please note that this property is not a shoreline parcel.
As defined by Planning Commission (PC) Rule 94(s), the"shoreline"refers to:
"...the upper reaches of the wash of waves, other than storm and seismic waves, at high tide
during the season of the year in which the highest wash of the waves occurs, usually
evidenced by the edge of vegetation growth, or the upper limit of debris left by the wash of the
waves.
Given the property's inland location and the scope of the proposed work, which includes both
interior and exterior improvements to an existing single-family residence, the project qualifies as
an exempt action pursuant to Planning Commission Rule 9 and Hawaii Revised Statutes (HRS)
Chapter 205A.
www.planning.hawaiicounty.gov Hawaii County is an Equal Opportunity Provider and Employer planning(a hawaiicounty.aov
20
Richard Standke
April 11, 2025
Page 2
Specifically:
1. Under Planning Commission Rule 94(i)(2), the term "development" does not include:
o (A) Construction or reconstruction of a single-family residence less than 7,500
square feet in floor area, not situated on a shoreline parcel or one affected by
waves, storm surges, high tide, or shoreline erosion, and not part of a larger
development.
o (F) Repair, maintenance, or interior alterations to existing structures or uses.
o (0) Structural and non-structural improvements to existing single-family
residences, where otherwise permissible.
2. Similarly, under HRS §205A-22(2), "development" does not include:
o (A) Construction or reconstruction of a single-family residence less than 7,500
square feet, not located on a shoreline parcel or one impacted by coastal hazards,
and not part of a larger development.
o (F)Repair, maintenance, or interior alterations to existing structures.
o @ Structural and non-structural improvements to existing single-family
residences,where otherwise permissible.
Based on these provisions, your project qualifies as an exempt action under County Planning
Commission Rule 9. Therefore, an SMA permit is not required, and application PL-SAA-2025-
000280 is no longer necessary. We are returning your application and will be processing a refund
of your application fee.
As part of the building permit application process, Planning staff will review and complete a
SMA short form to complete the SMA review.
If you have any questions, please feel free to contact Alukahe Kald of this department at (808)
961-8170 or via email at Alukahe.Kala@hawaiicounty.gov.
Sincerely,
l/e Y e VV. arrow
Jeffrey W.Darrow(Apr 11,2025 14:46 HST)
JEFFREY W. DARROW
Planning Director
AK:rms
P:\wpwin60\czm\letters\2025\pl-saa-2025-000280 return app_no_sma needed--ver-2.doc
cc via email: Planning Fiscal
21
Mtr Oi ofC. Kimo Alameda,Ph.D. �:'• '!�, Jeffrey W.Darrow
Mayor b�%gam Acting Director
William V. Brilhante,Jr. Michelle S.Ahn
Managing Director =_w Acting Deputy Director
ri os'M'.A
West Hawaii Office East Hawaii Office
74-5044 Ane Keohokalole Hwy 101 Pauahi Street,Suite 3
Kailua-Kona,Hawaii 96740 County of Hawaii Hilo,Hawaii 96720
Phone(808)323-4770 Phone(808)961-8288
Fax(808)327-3563 PLANNING DEPARTMENT Fax(808)961-8742
DATE: April 14, 2025
INVOICE DATE: 4/14/25
INVOICE NO. Planning 2425-96
TO: Richard Standke
2448 E Orangeview Lane
Orange, CA 92867
FROM: County of Hawaii Planning Department
101 Pauahi Street, Suite 3
Hilo, HI 96720
SUBJECT: Refund Filing Fee (REC-048008-2025) V# 90879
Doc #4013254
REASON: Refund of the $50 SAA application fee (PL-SAA-2025-000280) in accordance with
the planner's request.
TMK: 2-1-018:013
TOTAL DUE: S 50.00
www.hiplanninsdept.com Hawai'i County is an Equal Opportunity Provider and Employer planning(djhawaiicounty.gv_
22
Sakai, Kimberly
From: Steen, Raimee
Sent: Monday, April 14, 2025 10:51 AM
To: Planning Fiscal
Cc: Kala, Alukahe
Subject: Request Process Refund for Richard Standke (PL-SAA-2025-000280)
Attachments: 2025-04-11 Letter to Richard Standke (PL-SAA-2025-000280).pdf; Receipt
(REC-048008-2025) Richard Standke (PL-SAA-2025-000280).pdf
Importance: High
Follow Up Flag: Follow up
Flag Status: Flagged
Categories: REFUND
Good morning,
This email is a request to process a refund for Richard Standke:
a) Richard Standke
b) 2448 E Orangeview Lane, Orange, CA 92867
c) 2-1-018:013
d) $50.00
e) Application returned
f) https://hawa countvhi-energov.tvterhost.net/apes/managepta_n/#/.plan/b7bd77c_E? 4cf3-
4ec6-abb1-60ae893ab6e2/summary
g) Signed refund letter attached
h) EPIC receipt attached
Thankyou,
Raimee Steen
Clerk II 1 Planning Division
County of Hawaii Planning Department
101 Pauahi Street,Suite 3 1 Hilo, HI 96720
Direct: (808)-961-8038 1 Main: (808)-961-8288
raimee.steen@hawaiicounty...gov
i
23
� •`-°- " Jeffrey W.Darrow
C. Kimo Alameda, Ph.D. gyp,.•,-� '''.�',, Y
Mayor Director
i
William V.Brilhante Jr. Michelle S.Ahn
Managing Director Deputy Director
West Hawaii Office East Hawaii Office
74-5044 Ane Keohokalole Hwy 101 Pauahi Street,Suite 3
Kailua-Kona,Hawaii 96740 County of Hawaii Hilo,Hawaii 96720
Phone(808)323-4770 Phone(808)961-8288
Fax(808)327-3563 PLANNING DEPARTMENT Fax(808)961-8742
April 11, 2025
Richard Standke
2448 E. Orangeview Lane
Orange, CA 92867
VIA EMAIL
Dear Richard Standke:
SUBJECT: Special Management Area (SMA)Use Permit Assessment Application
(PL-SAA-2025-000280)
Applicant: Richard Standke
Landowner: Richard & Deborah Standke
Request: Return of Application
TMK• (3)2-1-018.013; South Hilo District,Hawaii
This letter is in response to your Special Management Area (SMA) Use Permit Assessment
Application submitted to our office on March 31, 2025. You requested approval to construct a
first-floor concrete deck, a second-floor lanai, internal stairs, and to replace the roof of a single-
family residence located within the SMA. Please note that this property is not a shoreline parcel.
As defined by Planning Commission(PC) Rule 94(s),the"shoreline" refers to:
"...the upper reaches of the wash of waves, other than storm and seismic waves, at high tide
during the season of the year in which the highest wash of the waves occurs, usually
evidenced by the edge of vegetation growth, or the upper limit of debris left by the wash of the
waves.
Given the property's inland location and the scope of the proposed work, which includes both
interior and exterior improvements to an existing single-family residence, the project qualifies as
an exempt action pursuant to Planning Commission Rule 9 and Hawaii Revised Statutes (HRS)
Chapter 205A.
wwly planninp hawaiicounty eov Hawaii County is an Equal Opportunity Provider and Employer plamin�,hawaiicounty eov
24
Richard Standke
April 11, 2025
Page 2
Specifically:
1. Under Planning Commission Rule 94(i)(2),the term"development" does not include:
o (A) Construction or reconstruction of a single-family residence less than 7,500
square feet in floor area, not situated on a shoreline parcel or one affected by
waves, storm surges, high tide, or shoreline erosion, and not part of a larger
development.
o (F) Repair, maintenance, or interior alterations to existing structures or uses.
o (0) Structural and non-structural improvements to existing single-family
residences,where otherwise permissible.
2. Similarly, under HRS §205A-22(2), "development"does not include:
o (A) Construction or reconstruction of a single-family residence less than 7,500
square feet, not located on a shoreline parcel or one impacted by coastal hazards,
and not part of a larger development.
o (F) Repair, maintenance, or interior alterations to existing structures.
o (N) Structural and non-structural improvements to existing single-family
residences, where otherwise permissible.
Based on these provisions, your project qualifies as an exempt action under County Planning
Commission Rule 9. Therefore, an SMA permit is not required, and application PL-SAA-2025-
000280 is no longer necessary. We are returning your application and will be processing a refund
of your application fee.
As part of the building permit application process, Planning staff will review and complete a
SMA short form to complete the SMA review.
If you have any questions, please feel free to contact Alukahe Kala of this department at (808)
961-8170 or via email at Alukahe.Kala@hawaiicounty.gov.
Sincerely,
c7djLe� W. Dai-nw
Jeffrey uv.Darrc;v(Apr 11,2025 1.4:46 HST)
JEFFREY W. DARROW
Planning Director
AK:rms
P:\wpwin60\czm\letters\2025\pl-saa-2025-000280_return_app_no_sma_needed--ver-2.doc
cc via email: Planning Fiscal
25
* • i W } II
� A d
� 4 �
aw
`s m
BILLING CONTACT Jet;! °prhq�
Richard Standke
2448 E Orangeview Lane
Orange, Ca 92867
qrF o f NPyi
Payment Date: 03/31/2025
Reference Number Fee Name Transaction Type Payment Method Amount Paid
PL-SAA-2025-000280 Intake Fee Fee Payment Credit Card $50.00
14 Oeoe St HI SUB TOTAL $50.00
TOTAL $50.00
April 11,2025 2:16 PM HAWAI'I COUNTY IS AN EQUAL OPPORTUNITY PROVIDER AND EMPLOYER Page 1 of 1
26
IN THE BOARD OF APPEALS
COUNTY OF HAWAI`I
STATE OF HAWAI`I
CLAUDIA ROHR )
PL-BOA-2025-000 1 1 9
Appellant, )
Appeal of Decision by the Planning Director
Dated April 11, 2025, Regarding Special
Management Area(SMA)Use Permit
vs. ) Assessment Application (PL-SAA-2025-000280)
Exemption.
JEFFREY W. DARROW )
PLANNING DIRECTOR )
COUNTY OF HAWAI`I )
Appellee. )
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a copy of the foregoing document was duly
served on June 16, 2025 , to the following parties in the manner indicated below:
HAND-
DELIVERED U.S. MAIL E-MAIL
CLAUDIA ROHR ( ) ( ) (X)
369 Nene Street
Hilo, HI 96720
E-mail: crohr4@gmail.com
Appellant
JEAN CAMPBELL, ESQ. ( ) ( ) (X)
Corporation Counsel
County of Hawaii
101 Aupuni Street, Suite 325
Hilo, HI 96720
E-mail: jeank.campbell@hawaiicouniy.gov
Attorney for Appellee
RICHARD AND DEBORAH STANDKE ( ) ( ) (X)
2448 E. Orangeview Lane
Orange, CA 92867
E-mail: richard.standke(cr��,gmail.com
Landowner
SYLVIA WAN, ESQ. ( ) ( ) (X)
Corporation Counsel
County of Hawaii
101 Aupuni Street, Suite 325
Hilo, HI 96720
E-mail: SylviaA.Wankhawaiicounly.gov
Attorney for Board of Appeals
BOARD OF APPEALS ( ) ( ) (X)
101 Pauahi Street, Suite 3
Hilo, HI 96720
E-mail: boardofUpeals@hawaiicouniy.gov
Board of Appeals
DATED: Hilo, Hawaii, June 16, 2025
RAIMEE STEEN
Clerk II
for the Planning Department