2025-10-22 Appellants Exhibit 19_Letter to PC

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The Planning Director wrongfully approved the SMA exemption for PL-SAA- 2025-000289 for the latest project at 14 Oeoe Street, after the May 3, 2024 effective date of Act 17. Specifically, the Director found that the addition of a 242-SF concrete lanai under a 242-SF raised covered lanai and an enclosed stairway which enlarges the building envelope, was exempt, as follows: 1. Under Planning Commission Rule 9-4(i)(2), the term "development" does not include: (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. (F) Repair, maintenance, or interior alterations to existing structures or uses. (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: (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. (F) Repair, maintenance, or interior alterations to existing structures. (N) Structural and non-structural improvements to existing single- family residences, where otherwise permissible. The building and/or the premises used for transient accommodations at 14 Oeoe St. is neither a residential use under state law, §46-4(a), nor an existing"single- family residence" under the County's SMA rules, Planning Commission Rule 9-4(u), definitions: 3 APPELLANT EXHIBIT 19, pg. 3 of 41