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2025-11-07 Appellants Prehearing Brief (PL-BOA-2025-000119)
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2025-11-07 Appellants Prehearing Brief (PL-BOA-2025-000119)
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building project requires a SMA Permit procedure in front of the Planning <br /> Commission. <br /> I. HOW THE DECISION APPEALED FROM VIOLATES THE LAW <br /> Under Planning Commission Rules of Practice and Procedure ("PC Rules"), Rule <br /> 9 is the SMA Rules of Hawaii County. PC Rule 9-4(u), definitions states in <br /> relevant part: <br /> "Single-Family Residence" means a detached building designed <br /> for and/or used as the complete facility for cooking, sleeping and <br /> living area of a single family only and occupied by no more than <br /> one family. Single family residences may include uses or <br /> structures normally considered accessory to the single family <br /> facilities provided that any such uses or structures are situated <br /> on the same lot or building site and are in compliance with all <br /> requirements of any county or state regulation, statute, or <br /> ordinance. A single family shall include all persons living in a <br /> dwelling related by blood, marriage or by adoption or a group <br /> comprised of not more than five persons not related by blood, <br /> marriage or by adoption. (emphasis added). <br /> [PC Rule 9, Appellant Exhibit 18, pg. 5 of 8.] <br /> The Landowners, Richard and Deborah Standke, advertise and rent out the <br /> Lilikoi House at 14 Oeoe Street, TMK 3-2-1-18-13, (STVR-19-359757), as a transient <br /> accommodation for less than thirty days, <br /> Fact: The Standkes rent out their 14 Oeoe Street "beach house" to groups of <br /> 12 individuals using their own website and an independent, AI driven, online <br /> registration platform which does not require or verify that the group reservation is <br /> for a single family. https://hilovacationhomes.com. See, Appellant Exhibit 10, <br /> verifying a reservation Appellant made for a reunion for twelve of her husband's <br /> 3 <br />
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