2026-03-03 Replacement Amended Petition on Appeal PWD

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Department or the Department of Public Works, in the singular. Appellant was instructed to correct a defective petition by filing separate petitions, which she did. During the process of preparing her case, Appellant discovered that the zoning code prohibits a nonconforming use to increase to occupy a greater area of land, as follows: Zoning Code, Section 25-4-61 Continuance of nonconforming uses of land and buildings, provides: (a) Any nonconforming use of land or use of a building may continue to the extent it existed on December 7, 1996 or at the time of the adoption of any amendments to this chapter, provided that a nonconforming use may be enlarged within the building it occupies, but shall not be enlarged or increased to occupy a greater area of land, nor shall it or the portion of the building housing it be moved in whole or in part to any other portion of the building site occupied by such nonconforming use, except as provided in this division. Appellant is filing this Amended Petition to include the claim that Building Permit No. PW.B2024-005123, and the proposed addition of a covered deck over a concrete lanai and a new enclosed stairway will increase the building footprint and cause the nonconforming STVR use to occupy a greater area of land than what is existing, in violation of Zoning Code, Section 25-4-61. Even though Building Permit No. PW.B2024-005123 has been revoked because Standke' s STVR is not allowed to receive an owner- builder exemption under Hawaii Revised Statutes, § 444-2.5, the "capable of repetition yet evading review" exception to the mootness doctrine applies to this appeal, claiming that Standke's STVR is not allowed to receive a building permit that causes the nonconforming STVR use to occupy a greater area of land than what is existing, pursuant to Zoning Code, Section 25-4-61. This appeal presents a highly public issue about the continuance of nonconforming STVR uses of land and buildings in residential neighborhoods. (1) The name, address, email, and telephone number of the appellant. CLAUDIA ROHR 369 Nene St. Hilo, Hawaii 96720 Phone: (808) 640-5976 crohr49gmail.com 2