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(3) A plain statement of the nature of the appeal and the relief requested. <br /> A. This is an appeal of the Planning Director's decision to exempt the <br /> development described in PL-SAA-2025-000280 from SMA review. <br /> B. This is an appeal of the Director of Public Works decision to issue Building <br /> Permit No. PW.B2024-005123, an owner builder permits, to a registered STVR <br /> before the SMA assessment application was acted upon. <br /> Relief Requested: <br /> A. Reverse the Planning Director's decision to exempt the project and Remand PL-SAA <br /> 2025-000280 with appropriate instructions for SMA review of the project,based upon the <br /> preponderance of evidence, that: (1) The director erred in his decision and it is clearly <br /> erroneous in view of the reliable, probative, and substantial evidence on the whole <br /> record; (2) The decision violated the Code and other applicable laws; and(3) The <br /> decision was characterized by an abuse of discretion or clearly unwarranted exercise of <br /> discretion. <br /> B. Reverse the Director of Public Works' decision to issue an owner builder permit to a <br /> registered STVR before the SMA assessment application was acted upon, and remand <br /> Building Permit No. PW.B2024-005123 with appropriate instructions, based upon the <br /> preponderance of evidence, that: (1) The director of Public Works erred in his decision <br /> and it is clearly erroneous in view of the reliable,probative, and substantial evidence on <br /> the whole record; (2) The decision violated the Code and other applicable laws; and (3) <br /> The decision was characterized by an abuse of discretion or clearly unwarranted exercise <br /> of discretion. <br /> (4) A statement explaining: <br /> (A) How the decision appealed from violates the law: <br /> Director of Public Works: <br /> 14 Oeoe Street has been registered and certified under zoning code section <br /> 25-4-7 Short-term Vacation Rentals (STVR) and Planning Department Rule 23 <br /> since 2019. The yearly nonconforming use certificate renewals (NUCR) are clearly <br /> displayed in EPIC for the building department to see. Turning a blind eye and <br /> issuing a building permit for work on premises known to be a STVR violates HRS <br /> §444-2.5 Owner-builder exemption. <br /> "Owner-builder" means owners or lessees of property who build or improve buildings or structures <br /> on their property for their own use, or for use by their immediate family. This definition shall not <br /> preempt owner-builder by exemption as defined by section 444-2.5, Hawai`i Revised Statutes. <br /> 4 <br />