2026-03-02 Appellant's Supplemental Prehearing Brief

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1. Appellant appeals the Planning Director's approval of the Landowners' proposed addition of a covered deck over a concrete lanai and a new enclosed stairway as exempt action under SMA laws and Rules. [Appellant Exhibit-6, "PL-SAA-2025-000280 Exemption Determination Letter."] 2. The subject property is TMK-(3)2-1-18-13, 14 Oeoe St., Hilo Hawaii 96720. [Id.] 3. The Landowners are Richard and Barbara Standke. [Id.] 4. A building permit application is first assigned to the Planning Department for Land Use Review for compliance with the County's Zoning Code, HHC Chapter 251; and if applicable, for SMA Review for compliance with HRS Chapter 205A2 and Rule 9 of the Planning Commission Rules of Practice and Procedure. [Appellant Exhibit-1, "Memo No. 2024-10 Building Permit Rejection Process."] 5. If one or both reviews are rejected, the building permit application is returned and requires resubmittal by the applicant. [Id.] 6. The Landowners do not reside on the building site and have been offering transient accommodations on the subject property since before the amendment of the zoning code by Ordinance 18-114, regulating "short-term vacation rentals" ("STVRs"). [Appellant Exhibit-11, "STVR- 19-359757 application." Appellate Exhibit-13, "Hawaii County Code (HCC) Chapter 25, Article 1, Article 2, Article 4, And Article 5. Appellate Exhibit-14, "County of Hawaii Planning Department, Rules of Practice and Procedure, Rule 23." ] 7. Ordinance 18-114, SECTION 1. Findings and Purpose: The short-term rental of residential units, as an alternative to traditional resort and hotel accommodations, 1 Section 25-2-2. Issuance of permits or licenses in conformance with chapter. All departments, officials, and public employees authorized to issue permits or licenses shall conform to the provisions of this chapter and no permit or license for any use, building, or other purpose shall be issued where the license or permit would be in conflict with the provisions of this chapter. Any permit or license, if issued in conflict with the provisions of this chapter, shall be void. 2 §205A-29 Special management area use permit procedure. (b) No agency authorized to issue permits pertaining to any development within the special management area shall authorize any development unless approval is first received in accordance with the procedures adopted pursuant to this part. For the purposes of this subsection, county general plan, state land use district boundary amendments, and zoning changes are not permits. 3