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The Standkes have the burden of proof that the dwelling unit at 14 Oeoe <br /> Street has only been rented to one single family at a time and must explain how the <br /> use of a nook off of the foyer for a single bed and use of 2 hideaway queen sofa beds <br /> in the living room as additional sleeping areas complies with their nonconforming <br /> use certificate's limitation of the use of 4 bedrooms as sleeping areas. <br /> The building and premises used for transient accommodations at 14 Oeoe St. <br /> were wrongfully certified by the Planning Department by issuance of the NUCR <br /> (2023) because the owners were operating a four-bedroom transient accommodation <br /> rental without proper permits. <br /> NUCR (2024) was wrongfully issued for a four-bedroom STVR without a <br /> change form and updated site plan or a SMA assessment application, after the May <br /> 3, 2024 effective date of Act 17. <br /> The Planning Department will process the NUCR (2025) without any Public <br /> Notice or Notice to the neighbors, so I appeal the Planning Department's inevitable <br /> decision to wrongfully certify the STRV at 14 Oeoe Street here. <br /> No single-family lives at 14 Oeoe Street, the owners never previously <br /> established a single-family use, and the owners do not verify or regulate that only a <br /> "single-family", as defined by Planning Commission Rule 9-4(u), can rent the <br /> premises. <br /> Planning Department Rule 23 administers the zoning code, Section 25-4-60- <br /> 63, Short-term vacation rentals, and does not and cannot authorize what the zoning <br /> code does not expressly authorize.5 <br /> DATE: Hilo, Hawai'i, January 2, 2026 <br /> 1(-a , , R)-‘&- <br /> 5 See also, PD Rule 23-7(b) "No new STVR can obtain a Registration under this <br /> section." <br /> 12 <br />