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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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(obviously unrelated) fraternity brothers, where there is no disclosure of the <br /> requirement that reservations must be for a "single family" and no questions <br /> regarding the relationship of the guests. The Standkes simply cannot prove that the <br /> maximum number of guests temporarily residing within the Lilikoi House at any <br /> one time has been consistent with the definition of"Family" under HCC Chapter 25 <br /> and that they are, and have been, operating this STVR legally. <br /> The Standkes' business model violates the Zoning Code, Sections 25-1-5 <br /> and 25-4-16.2 Prima facie evidence; short-term vacation rentals: <br /> Advertising of any sort that offers a property as a short-term <br /> vacation rental shall constitute prima facie evidence that a <br /> short-term vacation rental is operating on that property. The <br /> burden of proof shall be on the owner or operator to <br /> establish either that the property is not being used as a short- <br /> term vacation rental or that it is being used for such purpose <br /> legally. (emphasis added) <br /> Under the Zoning Code, the Standkes have the burden of proof that the <br /> dwelling unit at 14 Oeoe Street has only been rented to one single family at a time <br /> in a manner compliant with their assurances associated with their Nonconforming <br /> Use Certificate. <br /> Under the Zoning Code, the Standkes have the burden to explain how the use <br /> of a nook off the foyer for a single bed and use of the living room with 2 hideaway <br /> queen sofa beds as additional sleeping areas complies with their nonconforming use <br /> certificate's limitation of the use of 4 bedrooms as sleeping areas. See, highlighted <br /> portions of Appellant Exhibit 9. <br /> 4 <br />
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