2025-05-01 PL-BOA-2025-000119 Petition

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such uses or structures are situated on the same lot or building site and are in compliance with all requirements of any county or state regulation, statute, or ordinance. A single family shall include all persons living in a dwelling related by blood, marriage or by adoption or a group comprised of not more than five persons not related by blood, marriage or by adoption. (emphasis added). The Standkes rent out their 14 Oeoe Street "beach house" to groups of 12 individuals using their own website and an independent, AI driven, online registration platform which does not require or verify that the group registration is a single family. The Standkes' business model violates the zoning code, Sections 25-1-5 and 25-4-16.2 Prima facie evidence; short-term vacation rentals: Advertising of any sort that offers a property as a short-term vacation rental shall constitute prima facie evidence that a short-term vacation rental is operating on that property. The burden of proof shall be on the owner or operator to establish either that the property is not being used as a short-term vacation rental or that it is being used for such purpose legally. The Planning Director violated the zoning code section 25-4-16.3 by allowing the construction project to proceed without any effort to enforce the County's short-term vacation rental law despite that the Standkes have the burden of proof that the dwelling unit at 14 Oeoe Street has only been rented to one single family at a time. The Planning Director violated HRS §205A-26(2)(C), which commands: No development shall be approved unless the authority has first found that the development is consistent with the county zoning. In granting an exemption under HRS §205A-22(2)(A), (F), and (0), the Planning Director violated HRS 46-4(a). ("... In no event shall the amortization or phasing out of nonconforming uses apply to any existing building or premises used for residential (single-family or duplex) or agricultural uses; provided that uses that include the furnishing or offering of transient accommodations shall not be considered residential or agricultural uses and may be phased out or amortized in any zoning district by county zoning regulations;...") (emphasis added) (B) How the decision appealed from is clearly erroneous: Planning Commission Rule 9 and Chapter 205A must now be read in pari materia with Act 17 (May 3, 2024) changes to HRS § 46-4(a), as follows: 6