2025-11-07 Appellants Prehearing Brief (PL-BOA-2025-000119)

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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. See the Planning Director's decision letter, Exhibit A to Appellant's Amended Petition, or Appellant Exhibit 6. The Appellant's Prehearing Brief will discuss (1) how the decision appealed from violates the law; (2) how the decision appealed from is clearly erroneous; (3) how the decision appealed from was arbitrary and characterized by an abuse of discretion or clearly unwarranted exercise of discretion; and (4) how the proposed expansion of the capacity to hold social gatherings at the transient accommodation rental at 14 Oeoe St. will have cumulative impact and cause substantial secondary effects on the surrounding neighborhood, no exemption is available, and the 2