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APPELLEE DEPARTMENT OF PUBLIC WORKS, <br /> COUNTY OF HAWAI`I'S PREHEARING STATEMENT <br /> Appellee DEPARTMENT OF PUBLIC WORKS, COUNTY OF HAWAI'I("Public <br /> Works"), by and through its attorney, Sinclair Salas-Ferguson, Deputy Corporation Counsel, <br /> hereby submits its Prehearing Statement for the above-captioned matter. <br /> PREHEARING STATEMENT <br /> I. INTRODUCTION <br /> A. Claudia Rohr's Complaint. <br /> On or About May 1, 2025, Claudia Rohr("Rohr") filed a Petition with Board of Appeals, <br /> where she alleged the following: (1)Public Works erred when it issued an owner-builder <br /> building permit to Richard and Deborah Stanke("Stanke")because their property is a short term <br /> vacation rental ("STVR"); and(2)Public Works erroneously issued a building permit to Stanke <br /> before the Planning Depaitinent gave them approval to conduct work in the Special Management <br /> Area ("SMA"). <br /> B. Public Works' Response to Rohr's Petition. <br /> Regarding Rohr's first allegation that Stanke does not qualify to receive the owner- <br /> builder exemption because their property is a STVR: Public Works agrees with Rohr that <br /> Stanke's STVR is not allowed to receive an owner-builder exemption under Hawaii Revised <br /> Statutes, § 444-2.5 because the property is not solely for Stanke's use and it is open to the public <br /> for rental.' Regarding Rohr's second allegation that the permit was issued before Stanke <br /> i HRS § 444-2.5(a) states, in pertinent part, that HRS Chapter 444's contractor requirements <br /> "shall not apply to owners or lessees of property who build or improve residential or farm <br /> buildings or structures on property for their own use, or for use by their grandparents, parents, <br /> siblings, or children, and who do not offer the buildings or structures for sale or lease . . ." <br /> (emphasis added). <br /> 2 <br />