2025-07-08 Landowner's Response to Petition

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July 7, 2025 Richard Standke 2448 E Orangeview Lane Orange, CA 92867 RE: Board of Appeals case No. Claudia Rohr, PL- BOA- 2025- 000119 I am the landowner of the single-family residence that obtained the permit to build stairs connecting the two floors of the house as well as a deck in front of the house. The permit is B2025-005123. Claudia Rohr (Rohr) owns a bed and breakfast around the corner and has harassed me with legal challenges every chance she gets regardless of how minor my permits might be. As with the prior legal challenges, she misinterprets the law and regulations. I have a background in law and have carefully read through the paragraphs of the County of Hawai'i Planning Commission Policies and Procedures that Rohr carelessly misinterprets. Rohr lists 9 arguments why my permit should be subject to SMA review. I'll address each in order. Argument 1 In order to refute the Rohr argument, it is helpful to outline the rules she cites and the purpose of the paragraphs that she misinterprets: On page 4 Rohr attempts to quote Hawaii Revised Statute§205-A22. Each County has their own statute that is consistent with Hawaii's but goes into more detail, so it makes no sense to reach to this statute. Rohr bases all her arguments on the assertion that the board has complete discretion. She states"Definitions provided that whenever the authority finds that any excluded use, activity, or operation may have a cumulative impact, or a significant environmental or ecological effect on a special management area, that use, activity, or operation shall be defined as " development" for the purpose of this part and therefore the Director's exemption does not applies." But this isn't true and makes no sense. As she states, these paragraphs are definitions to specific words used in the laws in the following paragraphs. There are 5 activities (listed as (A) through (E)) of what "Development" includes. None provide for Board discretion. Paragraph (2)(A) specifically exempts my activity as development. This is the sentence where non-shoreline single family homes less than 7,500 sq. ft. are exempt.