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2026-01-02 Appellants 2nd Amended Petition (PL-BOA-2025-000119)
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2026-01-02 Appellants 2nd Amended Petition (PL-BOA-2025-000119)
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that has no more than five bedrooms for rent on the building site <br /> and is rented for a period of thirty consecutive days or less. <br /> Under PC Rule 9-4(u), definitions: <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 /> The Standkes rent out their 14 Oeoe Street "beach house" to groups of 12 <br /> individuals using their own website and an independent, AI driven, online <br /> registration platform which does not require or verify that the group <br /> reservation is for a single family. <br /> 8. By allowing the construction project to proceed without any effort to <br /> enforce the County's short-term vacation rental law during the SMA <br /> review stage, the Planning Director violated zoning code, Sections 25- <br /> 2-35, and 25-4-16.3, and Planning Department Rule 23-16(a):, which <br /> reads: <br /> STVRs in violation of HCC Chapter 25, any rule adopted <br /> thereunder, or any permit or variance issued pursuant thereto, <br /> shall be subject to enforcement pursuant to HCC Section 25-2- <br /> 35. <br /> (4) A statement explaining: <br /> (B) How the decision appealed from is clearly erroneous: <br /> The Planning Director's decision is clearly erroneous because PC Rule 9 and <br /> HRS Section 205A-22(2), exclusions from the definition of"development", must now <br /> be read in pari materia with Act 17 (May 3, 2024) changes to HRS § 46-4(a). The <br /> Planning Director wrongfully approved the SMA exemption for SMA use permit <br /> assessment application No. PL-SAA-2025-000280 after the May 3, 2024 effective <br /> date of Act 17. <br /> 9 <br />
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