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2026-03-18 PL-BOA-2026-000131 COMPLETE RECORD ON APPEAL T. VIERNES & K. ROGLER VS. PLANNING DIRECTOR)
JEFFREY W. DARROW PLANNING DIRECTOR COUNTY OF HAWAI`I 101 Pauahi Street, Suite 3 Hilo, HI 96720 Telephone No. (808) 961-8288 IN THE BOARD OF APPEALS COUNTY OF HAWAI`i STATE OF HAWAI`i THOMAS JAMES VIERNES ) KRISTIN ANN ROGLER ) PL-BOA-2026-000131 Appellant, ) Appeal of Decision by the Planning Director Dated February 6, 2026, Regarding Subdivision Variance from Chapter 23, Subdivision, Article vs. ) 6, Division 2, Improvements Required, Section 23-84, Water Supply (PL-SVAR-2025-000070) JEFFREY W. DARROW ) PLANNING DIRECTOR ) COUNTY OF HAWAI`i ) Appellee. ) INDEX TO RECORD ON APPEAL 1 INDEX TO RECORD ON APPEAL Appeal of Decision by the Planning Director Dated February 6, 2026, Regarding Subdivision Variance from Chapter 23, Subdivision, Article 6, Division 2, Improvements Required, Section 23-84,Water Supply(PL-SVAR-2025-000070) DOCUMENT NUMBER DATE DESCRIPTION PAGES 1 11/19/2025 Application and EPIC Submittal for Variance 1-15 from Subdivision Code submitted by Christy Logan of Skilled Services LLC on behalf of Thomas J. V. and Kristin A. R. for a Water Variance on TMK: 4-6-008:077. 2 12/9/2025 Planning Department (PD) Subdivision 16-17 Variance Acknowledgement Letter to Chrystal Thomas Yamasaki, LPLS of Wes Thomas Associates. 3 12/9/2025 PD Memo to Department of Water Supply, 18-19 Hawai'i Fire Department, and State Department of Health requesting comments for Variance Application (PL-SVAR-2025-000070). 4 12/10/2025 Certificate of Mailing to Surrounding Property 20-22 Owners within 300 ft of TMK: 4-6-008:077 regarding Subdivision Variance for PL-SVAR- 2025-000070. 5 12/10/2025 Letter from Chrystal Thomas Yamasaki, LPLS 23 to Planning Department confirming uploading Certificate of Mailing does to EPIC System for Variance PL-SVAR-2025-000070. 6 12/19/2025 Memo from State Department of Health to 24-27 Planning Department regarding comments on Subdivision Variance Application for Thomas James Viernes and Kristin Ann Rogler on TMK: 4-6-008:077. 2 7 1/9/2026 Memo from Department of Water Supply to 28-29 Planning Department regarding comments on proposed Subdivision Application for PL-SUB- 2025-000377 on TMK: 4-6-008:077. 8 1/9/2026 Memo from Department of Water Supply 30 regarding deferring comments on Subdivision Variance Application due to review of Preliminary Plat Map for PL-SUB-2025- 000377 on TMK: 4-6-008:077. 9 1/15/2026 Memo from Department of Water Supply to 31 Planning Department regarding comments on proposed Subdivision Variance Application for Thomas James Viernes and Kristin Ann Rogler on TMK: 4-6-008:077. 10 2/6/2026 Planning Department Subdivision Variance 32-46 (PL-SVAR-2025-000070) Denial Letter to Chrystal Thomas Yamasaki, LPLS for Thomas J. Viernes & Kristi A. Rogler on TMK: 4-6- 008:077. 11 2/9/2026 United States Postal Service article #9589 0710 47-48 5270 3378 1986 97 Date of Delivery singed and received by Chrystal Thomas Yamasaki, LPLS. 3 APPLICATION FOR VARIANCE FROM SUBDIVISION CODE COUNTY OF HAWAII PLANNING DEPARTMENT (Type of Print the requested information) Owner: Thomas James Viernes and Kristin Ann Rogler Owner's Signature: See Authorization Letter Date: Address: c/o Christy Logan, Skilled Services, LLC, PO BOx 390850, Keauhou, HI 96739 Telephone: (Bus.) 345-2173 (Home) skilledservices.logan@gmail.com Request: Water variance Tax Map Key: 4-6-008: 077 Subdivision 4: PL-SUB-2025-000377 Area of Property: 11 .426 Acres Zoning of Parcel: A-5a Applicant: Christy Logan of Skilled Services, LLC Applicant's Signature: Date: Applicant's Interest, If Not Owner.. Consultant Working on Owner's Behalf APPLICANT'S REASON(S) FOR REQUESTING A VARIANCE: (Please attach a detailed written explanation of the purpose or nature of the request. Photos and maps may be included.) No variance may be granted unless it is found that: 1. There are special or unusual circumstances applying to the subject real property which exist either to a degree which deprives the owner or applicant of substantial property rights that would otherwise be available or to a degree which obviously interferes with the best use or manner of development of that property; 2. There are no other reasonable alternatives that would resolve the difficulty; and 3. The variance shall be consistent with the general purpose of the zoning district, the intent and purpose of the Zoning and Subdivision Codes, and the County General Plan and will not be materially detrimental to the public welfare or cause substantial, adverse impact to an area's character or to adjoining properties. THIS APPLICATION MUST BE ACCOMPAINED BY A FILING FEE OF ONE HUNDRED DOLLARS ($100) payable to the County Director of Finance and the following documentation submitted through the EPIC system: 1. A completed application form with attachments; 2. A description of the property in sufficient detail for the public to precisely locate the property; 3. A scale-drawn plot plan of the property showing all existing and proposed structures and improvements; and 4. A list of the names, address, and tax map keys of all owners of property within three hundred feet(300') of the perimeter boundary of the subject property. 1 COUNTY OF HAWAII PLANNING DEPARTMENT POSTING OF SIGNS FOR PUBLIC NOTIFICATION In accordance with the requirements of Chapter 23 (Subdivision Code), Article 2, Division 2, Section 23-17, Hawaii County Code 1983 (2005 Edition) regarding the Procedures for Variances, the applicant shall post a sign on the subject property within ten(10)days of filling the application for variance notifying the public of the following: (1) The nature of the variance; (2) The proposed number of lots; (3) The size of the property; (4) The tax snap key or keys of the property; (5) That they may contact the Planning Department for additional information; and (6) The address and telephone number of the Planning Department Notwithstanding any other provisions of law, the sign shall be not less than nine (9) square feet and not more than twelve (12) square feet in area, with letters not less than one (1) inch high. No pictures, drawings, or promotional materials shall be permitted on the sign. The sign shall be posted at or near the property boundary adjacent to a public road bordering the property and shall be readable from said public road. If more than one public road borders the property,the applicant shall post the sign to be visible from the more heavily traveled public road. The sign shall, in all other respects, be in compliance with Chapter 3, Hawaii County Code 1983 Hawaii (2005 Edition). The applicant shall file an affidavit with the Planning Department not more than five(5)days after posting the sign stating that a sign has been posting in compliance with these requirements, and that the applicant and its agents will not remove the sign until the application has received final approval, or that such application has been rejected or withdrawn. A photograph of the sign in place shall accompany the affidavit. The sign shall remain posted until final approval, or until the application has been rejected or withdrawn. The applicant shall remove the sign promptly after such action. Should you have any questions, please contact the Planning Department at(808) 961-8288. coh01\planning\public\Admin Permits Division\admins Permits Revised 0313112022 2 MrWIES THOMAS ASSOCIATES #20175 November 19, 2025 Jeffrey Darrow, Director Planning Department County of Hawaii 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720-3043 RE: Variance Application from the Subdivision Water Requirements (Article 6, Div. 2, Sec. 23-84 of Chapter 23) Processed under RULE 22 - Section 22-4 and Section 22-5 for Subdivision Application No. PL-SUB-2025-000377 Subdivider: Skilled Services, LLC Owner: Thomas James Viernes and Kristin Ann Rogler TMK: 4-6-008: 077 (3rd Division) Property Address: 46-3968 Puaono Road Dear Director Darrow: On behalf of the owners of the subject property,we are uploading the following to the EPIC site for your review and approval. Uploaded and attached are the following; the completed application form,the plot plan with the proposed subdivision, a list of names and addresses of owners of the property within 300 feet of the perimeter boundary of the applicant's property, a real property Tax Clearance from the County Director of Finance, a copy of the Google Earth imagery with the rainfall isohyet lines and the approximate location of the subject property. The filing fee of $100.00 was also made thru the EPIC site. BACKGROUND 1. Location. The subject property, Lot 28-C of Ahualoa Homesteads, Second Series, being also portions of Grant 4480 to Yahilo and Grant 5142 to Antone G. Romao and Lots 27 and 28 of Ahualoa Homesteads, Second Series (H.T.S. Plat 601), containing 11.426 Acres, is located on the Northerly side of Puaono Road in the ahupua'a of Ahualoa, Hamakua, Hawaii. 2. County Zoning. The current zoning is A-5a and each of the proposed lots are consistent with the zoning designation. WES THOMAS ASSOCIATES - Land Surveyors 75-5749 Kalawa Street, Suite 201 , Kailua-Kona, Hawaii 96740 Tel: 808-329-2353 Fax: 808-329-5334 Email: surveys@wtahawaii.com Website: www,wtahawaii.com 3 #20175 County of Hawaii November 19, 2025 Page Two 3. Subdivision Code Requirements. The subdivision code requires that subdivisions be served by a water system meeting the minimum requirements of the County Department of Water Supply (DWS) and be provided with water mains and fire hydrants installed to and within the subdivision in accordance with the rules and regulations of the DWS. 4. Subdivision Request. The owners of the subject property wish to divide it into two (2) lots, one being 5.307 acres and the other being 6.119 acres. The property is currently vacant and has physical access directly from Puaono Road via an existing "pole" for the subject property. GROUNDS FOR VARIANCE (a) SPECIAL AND UNUSUAL CIRCUMSTANCES There is no County water available in this area as it is beyond the existing water service from the Department of Water Supply. Thus, the proposed subdivision cannot be granted water from the existing system because the existing water system facilities cannot support the proposed subdivision at this time without extensive improvements and additions, including source storage, transmission, booster pump, and distribution facilities being constructed. It is our understanding that sufficient funding is not available and no time schedule is set for such extensive improvements. Based on Rule 22 of the County of Hawaii Rules of Practice and Procedure this proposed subdivision meets the criteria of Section 22-4 and Section 22-5 of Rule 22, whereby each of the two (2) lots "have an average annual rainfall of not less than 60" and the subdivision is "no more than six lots". According to the isohyet lines for the rainfall, the property has an average annual rainfall between 80" to 120" of rainfall. A copy of the map is enclosed for your references. All future dwellings on the resulting lots will be required to construct a water catchment system for domestic consumption as well as fire fighting purposes. A deed covenant and/or restriction will be a part of the deeds for future owners of the lots. Based on the above, the requirements and conditions described in Rule 22 apply to the subject property. WES THOMAS ASSOCIATES - Land Surveyors 75-5749 Kalawa Street, Suite 201, Kailua-Kona, Hawaii 96740 Tel: 808-329-2353 Fax: 808-329-5334 Email: surveys@wtahawaii.com Website: www.wtahawaii.com 4 #20175 County of Hawaii November 19, 2025 Page Three (b) ALTERNATIVES There are no reasonable alternatives in resolving the required water system requirements. To upgrade the existing County water system by the individual applicant would not be economically feasible. The second alternative would be to drill wells to create a private water system. However, due to the limited nature of a two (2) lot subdivision not serviced by the County water system, this alternative would be cost prohibitive. In addition, the area receives rain annually, which given appropriate catchment area and storage capacity can adequately support a private water catchment system. The applicant and / or future owners can also purchase additional water, if necessary, from a private water service, for the private water catchment system. (c) INTENT AND PURPOSE The subject property, consisting of 11.426 acres, is located within the County's A-5a zoned district. Under this zoning designation, the minimum building site area is 5 acres. The applicant is proposing a two (2) lot subdivision with each lot being in excess of 5 acres. The intent and purpose of requiring a water system in this case is to assure that an adequate water system is available for domestic consumption and fire protection. In this situation, the substitute private water catchment system is considered adequate for the proposed parcels. CONCLUSION Based on the foregoing findings, we conclude that this variance request is consistent with the general purpose of the zoning district, intent and purpose of the Zoning and Subdivision Control Codes, Rule 22 of the County Rules of Practice and Procedure and the County General Plan, will not materially be detrimental to the public's welfare, and will not cause substantial adverse impact to the area's character and to the adjoining properties. WES THOMAS ASSOCIATES - Land Surveyors 75-5749 Kalawa Street, Suite 201 , Kailua-Kona, Hawaii 96740 Tel: 808-329-2353 Fax: 808-329-5334 Email: surveys@wtahawaii.com Website: www.wtahawaii.com 5 #20175 County of Hawaii November 19, 2025 Page Four If you need more information, or if we can be of further assistance, please feel free to contact the undersigned at 329-2353. Very truly yours, WES THOMAS ASSOCIATES Chrystal Thomas Yamasaki, L.P.L.S. CTY:cyky Attachments uploaded to the EPIC System Application w/attachments Plot Plan List of Owners names & addresses of adjacent properties Tax Clearance Rainfall Map (isohyet lines on Google Earth image) Sign Affidavit $100 filing fee cc: Skilled Services, LLC, w/out encl WES THOMAS ASSOCIATES - Land Surveyors 75-5749 Kalawa Street, Suite 201, Kailua-Kona, Hawaii 96740 Tel: 808-329-2353 Fax: 808-329-5334 Email: surveys CcDwtahawaii.corn Website: www.wtahawaii.com 6 #20175 Date: Planning Department County of Hawaii 101 Pauahi Street, Ste 3 Hilo, Hawaii 96720 Gentlemen and/or Ladies: We, Thomas James Viernes and Kristin Ann Rogler, are the owners of record of land which is designated by TMK: 4-6-008: 077 (3rd Division), We hereby authorize Wes Thomas Associates to apply on our behalf for the subdivision of such land and a variance application(s) if needed. Thoma,p James Viernes Kristin Ann � er 7 #20175 AFFIDAVIT OF CHRYSTAL THOMAS YAMASAKI STATE OF HAWAII ) ) SS: COUNTY OF HAWAII ) Chrystal Thomas Yamasaki, being first duly sworn on oath, deposes and says: 1. 1 am the owner's Surveyor for the proposed subdivision of Tax Map Key: 4-6-008: 077 (3rd Division). 2. 1 hereby certify that a sign has been placed on the subject property fronting a public road in accordance with Chapter 23 (Subdivision Code), Article 4, Division 1, Section 23-58A, Hawaii County Code 1983 (2005 Edition). 3. The subdivider and its agents will not remove the sign until the application has received final subdivision approval, or that such application has been rejected or withdrawn. 4. Attached hereto as Exhibit "A" are photographs of the sign in accordance with the requirements of Chapter23(Subdivision Code),Article 4, Division 1, Section 23-58A, Hawaii County Code 1983 (2005 Edition). FURTHER AFFIANT SAYETH NAUGHT. 4�- �—Chrystalho amasaki Subscribegd, and sworn to before me this �v Iday of l*Q , 2025. y ,°••®•••°• '®� Notar Name: Wmberly WYamasaki • ••°•. U' Notary Public, County and State of Hawaii mCl5® '® My Commission Expires: 10/2/2029q °� °®°•� NOTARY CERTIFICATION m s •-°°° ° tea �"� Doc. Date: None at time of notarization 3rd Circuit Kimberly M. Yamasaki C Commission Expiration Date: 10/02/2J D�I � Not ry Signat e Date 8 _ �K •a• ems' .r � S 'p'� 'h •� J 1 rY - L Notice Pursuant to County of Hawaii ion SU ` • • • • - • \ 't Proposed subdivision of • into 2 lots . • . variance, if any Number of • Size of • • ' 11 .426 Acres I 1 • I • / / • 3 For additional information contact the offices of the County of waii 1 ', Planning Department • I•• 720 - . .it A. Ik 4111 77 sr r r• _ S "�. .Y ,a• ¢ ar y�• T�9 I!i�� � - #' Oil - i7' r-.�1 •r R - � •> 4� - - _- _ - �3�-sue i; . l 1rWES THOMAS ASSOCIATES #20175 November 19, 2025 DRIVING DIRECTIONS TO LOT 28-C OF AHUALOA HOMESTEADS, 2ND SERIES AT AHUALOA, HAMAKUA, HAWAII TMK: 4-6-008: 077(3RD DIVISION) 46-3968 PUAONO ROAD The subject property is found by driving along Hawaii Belt Road (aka Mamalahoa Highway) towards Ahualoa. Turn South onto Homestead Road for approximately 300-ft, then take a left onto Kapana Street/Kapuna Road for approximately 1.3 miles till it intersects with Old Mamalahoa Highway. Take a right onto Old Mamalahoa Highway for approximately 1.3 miles, then take a right onto Pu'aono Road. In approximately 0.3 miles the subject property will be located on the right (Northerly) side of Pu'aono Road. The property is a flag lot and is vacant. Please do not enter the subject or adjoining properties or disturb the occupants/owners. W ES THOM AS ASSOCIATES - Land Surveyors 75-5749 Kalawa Street, Suite 201 , Kailua-Kona, Hawaii 96740 Tel: 808-329-2353 Fax: 808-329-5334 Email: surveys@wtahawaii.com Website: www.wtahawaii.com 10 COUN-IYOF HAWAII Real Property Tax Office '•I f of loll Overview M 1 Will 'M 1 fill Legend r Parcels l if I 'Hawaii County makes every effort to produce the most accurate information possible.No warranties,expressed or implied,are provided for the data herein,its use or interpretation.The assessment information is from the last certified taxroll.All data is subject to change before the next certified taxroll.The'parcels'layer is intended to be used for visual purposes only and should not be used for boundary interpretations or other spatial analysis beyond the limitations of the data.The'parcels'data layer does not contain metes and bounds described accuracy therefore,please use caution when viewing this data.Overlaying this layerwith other data layers that may not have used this layer as a base may not produce precise results.GPS and imagery data will not overlay exactly. Date created:10/13/2025 Last Data Uploaded:10/13/2025 7:04:25 PM Developed by fJ SCHNEIDER GEOSPATIAL TMK: 4-6-008: 077 PL-SUB-2025-000377 11 List of Owners within 300 feet Parcelld OwnerName OwnerAddress2 OwnerCityStZip 460090340000 WEINRICH,PRISCILLA N TR 99-1070 LAUOLE ST AIEA HI 96701 3033 460090350000 HIGASHI,LYNN H TR PO BOX 353 HONOKAA HI 96727 0353 460080270000 CARVALHO,GREGORY DARRELL, ET AL 46-4025 KAPENA ST HONOKAA HI 96727 7017 460080600000 LAWRENCE,NICHOLAS, ET AL 2011100TH AVE NE BELLEVUE WA 98004 2608 460080850000 DELA CRUZ,FAMILY TR 152 WINTERBURY WAY DAHLONEGA GA 30533 6139 460080280000 SEBASTIAN,LAURENE L PO BOX 1781 HONOKAA HI 96727 0000 460080670000 A K MAUKA FAMILY LTD PARTNERSHIP 1288 ALA MOANA BLVD#16E HONOLULU HI 96814 460080790000 HIATT,JERRY M, ET AL 46-3976 PUAONO RD HONOKAA HI 96727 7026 460080290000 HINO,JAN M TR PO BOX 345 HONOKAA HI 96727 0345 460080680000 HYEON,JOSEPH, ET AL 46-3952 PUAONO RD APT A HONOKAA HI 96727 7043 460080730000 PETERSON,THOMAS ALLAN PO BOX 81697 HAIKU HI 96708 1697 460080900000 DANIEL,JEFFREY DEAN, ET AL 1964 PIIMAUNA PL HONOLULU HI 96821 2614 460080780000 HIATT,JERRY M TR 46-3976 PUAONO RD HONOKAA HI 96727 460080550000 SOJOT,SEAN KEKOA, ET AL PO BOX 2495 KAMUELA HI 96743 2495 460090360001 PALMER,LORI J TRS 93 ELM AVE MILL VALLEY CA 94941 1350 460090360002 JARRETT,EDWIN W 46-3979 PUAONO RD HONOKAA HI 96727 7029 12 Y _ M 1.i t q } '^� �'R• i AREA 9.47164e+Og fL" PERIMETER � � �, ,max r°� ,� � ;>�;� ���. �"1• I.� - h iy J.,. :i (approx.) ,t �" � ..fit,... i I � ., •. 1 '. ,. _ iJ ?�# 46-3966,PUaono Rd 1 > �a'c i - j f ' S 1 `I p aorlo Ref !Ptr,'Wfla Rd Image c 2025 Airbus , Pu'aono'Rd ° .,. Pu'aon'o Rd e• • so,• TRUE NORTH t SCALE: 1 INCH = 1,000 FEET o n 3 n 2 D D h�p�Fs rrl o TKO -i o �p'q0 0 0 Q SUBJECT PARCEL 0 � o z 0 Q C �y o � o Location of Property TM K: 4-6-008: 077 PL-SUB-2025-000377 14 I I I } \\ � - -- -- . , { E ) ` m » Ell 5 f 777 \ . � � \ \§\ /\®R [«7 2<§ ,\\ \ 3 \CN / &/ 2w v22 »\ / �\k \ : -S2 § / ) m �} \\\ A All ~ , \ .d- - 2 § ix \I : \ J� . GVOH a 2 2 IS v © C.Kimo Alameda,Ph.D. Jeffrey W.Darrow c;• Mayor Director r; ;r William V.Brilhante Jr. Michelle S. Ahn Managin;Director << w.�� DePuryDirector 7TE OF•MP.f� West Hawai`i Office East Hawai'i Office 74-5044 Ane Keohokalole H-A-y 101 Pauahi Street,Suite 3 Kailua-Kona,Hawai'i 96740 County of Hawaii Hilo,Hawai'i 96720 Phone(808) 3-4770 Phone ( )961-8288 2 Fax(808)327-7-3563 PLANNING DEPARTMENT Fax(808)961-874 December 9, 2025 Chrystal Thomas Yamasaki, LPLS Wes Thomas Associates 75-5749 Kalawa Street, Suite 201 Kailua-Kona, HI 96740 Dear Chrystal Thomas Yamasaki: SUBJECT: Application: SUBDIVISION VARIANCE I PL-SVAR-2025-000070 Applicant: WES THOMAS ASSOCIATES Owners: THOMAS J. VIERNES & KRISTI A. ROGLER Request: Variance from Chapter 23, Subdivisions, Article 6, Division 2, Improvements Required, Section 23-84, Water Supply Tax Map Key: (3) 4-6-008:077 (PL-SUB-2025-000377) This is to acknowledge the receipt of your completed Variance Application, submittals, and filing fee as of November 19, 2025. In view of your application and Hawaii County Code, Chapter 23, Subdivisions, Section 23-18, Actions on Variances, the Planning Director will render a decision on the subject variance application no later than Fehruary 7, 2026_ The deadline for submitting written public comments to the Planning Director is January 8, 2026. Therefore, pursuant to Section 23-17, Procedures for Variances, within three (3) working days of receiving this letter, the applicants, or applicant's authorized representative, shall serve notice of the variance decision dates cited above on owners of interest within three hundred (300) feet of the perimeter boundary of the subject property. The notice is required to include the following information: 1. The name of the applicant and/or the applicant's representative,their address and telephone number. 2. The precise location of the property,including a location map or vicinity map of the subject TMK property, or sufficient written directions that the notified property owners or general public can precisely locate the property involved. www.planning.hawaiicounty.gov Hawaii County is an Equal Opportunity Provider and Employer planninggc�i hawaiicounty.gov 16 Chrystal Thomas Yamasaki, LPLS Wes Thomas Associates PL-SVAR-2025-000070 Acknowledgement Letter December 9, 2025 Page 2 3. Identify the Chapter 23 variance request or nature/purpose of the request. Include,identify, and describe, if necessary, any structures or issues involved. 4. The notice shall also include the tentative date of the Director's decision, the telephone number and address of the Planning Department (Hilo Office) where written public comments can be sent; and 5. The deadline for submitting written public comments to the Planning Director is January 8, 2026. Pursuant to Section 23-17 (c)Within ten days of filing the application for a variance,the applicant shall post a sign on the subject property notifying the public of the nature of the variance, the proposed number of lots, the size of the property, the tax map key or keys of the property and that they may contact the planning department for additional information. The sign shall give the address and telephone number of the planning department. The sign should also be inclusive of the associated subdivision application filed earlier. Proof of service of the above notice must be submitted in a timely fashion and incorporated into subject subdivision and variance file before any action or decision is rendered on the variance request. Failure to do so in a timely fashion may delay the decision date or result in the application being denied. Should you have any questions, please feel free to contact Hans Santiago at(808) 961-8165 or via email at hans.santialzo(dhawaiicount oovv. Sincerely, ��) `/� �, l'iffLe Y V. U/VL! ! oW ^^ Jeffrey .Darrow(Dec 9,2025 09:57:51 HST) JEFFREY W. DARROW Planning Director HS:sklo \\hawaiicounty.gov\depts\PL\PL\planning\public\Admin Permits Division\Variance\2025\PL-SVAR-2025-000070 - Viernes Rogler (water)APL-SVAR-2025-000070 Viernes-Rogler Ack 12-9-25.docx 17 C.Kimo Alameda Ph.D. Jeffrey W.Darrow s.c Mayor Director William V.Brilhante Jr. Michelle S. Ahn Managing Director DePury Director E OF'NF West Hawai`i Office East Hawai'i Office 74-5044 Ane Keohokalole Hvy • • 101 Pauahi Street,Suite 3 Kailua-Kona,Hawai'i 96740 County of Hawaii Hilo,Hawai'i 96720 Phone(808)323-4770 Phone(808)961-8288 Fax(808)327-3563 PLANNING DEPARTMENT Fax(808)961-8742 MEMORANDUM DATE: December 9, 2025 TO: DEPARTMENT OF WATER SUPPLY HAWAI`I FIRE DEPARTMENT STATE DEPARTMENT OF HEALTH FROM: JEFFREY W. DARROW Planning Director JWD SUBJECT: Application: SUBDIVISION VARIANCE I PL-SVAR-2025-000070 Applicant: WES THOMAS ASSOCIATES Owners: THOMAS J. VIERNES & KRISTI A. ROGLER Request: Variance from Chapter 23, Subdivisions, Article 6, Division 2, Improvements Required, Section 23-84, Water Supply Tax Map Key: (3) 4-6-008:077 (PL-SUB-2025-000377) A copy of the above-referenced Variance Application and attachments are enclosed for Agency review and comments. The Planning Director will render a decision on the subject variance application no later than February 7, 2026. We ask that you forward your comments electronically to: plannin2(a�hawaiicounty.2ov no later than January 8, 2025. Should you have any questions regarding the application, please contact the Planning Department at plannin2(a-hawaiicounty.gov. Thank you. HS:sklo Aiawaiicounty.govAdepts\PL\PL\p Ian ning\publicAAdmin Permits Division\VarianceA2025\PL-SVAR-2025-000070-Viernes Rogler (Water)APL-SVAR-2025-000070 Viernes-Rogler MEMO 12-9-25.doex ,"-NN-w.planning.hawaiicounty.gov Hawaii County is an Equal Opportunity Provider and Employer planninggc�i hawaiicounty.gov 18 Signature: 7e Le Pv. Darrow Jeffre�v TDu 9,202509:59:16 HST) Email: jeff.darrow@hawaiicounty.gov 19 C 0 O L � V E 2 Q � I C _ OG d = NN of0cu rn < R ■o m Z f O NZ T 2 d • Y C d �Q It a. D N J(MWQ � fC 4- N O a N a V U) a� fir' �Fa �N o W o �r « O O o o O o � � a x «. 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"}ik() H Q h 9 C 12 a I d = c > d x (� a C> � d U c LL O U N 0 O N N 2 � Q .'g m d d d d d d E O O O O O O NO L} a x y Q a° U O N 0_ (0 � N N O U d � N p N o n o (n 2 o E a) (a m vU) Q Z M_ d U Q O Q O �. rn M cr Z N v o N Q � c N N J > O 0 a 00 p U. _""'_ o a. °` o = r, o o p rn 0 p _� o Q � 0 0 = Z z o N Q 2 o F- M G o Q = o Q 2 o W c Q o L 2 = Q wCD O _ mW Ln w O00 C Z= z0O O to O CD O z oo O O co O co O co Y 1co Jw O 22 O O Z Z ¢ 2ZZQ. E z MO Q N okJ IS o Q�o >- k � ko � � Ln Q Q O ao u z CO a MI 0 W L) I� O O i O W N r0 N 'ct F- Q N U) v0 0 Ln 1 ° Y C <D C o Y M m F- Ln E E v Ln o n Y LL Z N c7 c1LO 21 d N O LL Q � c �+} 2 `o y� � a _ p m r adi IC +, L) cC a v � U 4 L u v 0 ( d = o Qw d .16 a o 0 0 0 0 0 U) co a° X N Q U_ 0 tl a° m � v 0 � � U O� z a N p a ° N Fo E aU o m v U) ,n IS a T ccM m Ln U Z M O m 0 f� U) --� N M cr I- N � N ) a V w O = I- Z O T pLn O M p Z _� l¢J N Q 01 z O d 7) 0 CD yZ, m S O O p Q S N a = Q M Q `D -i > J ° w a ¢ m J o z Q O Q m z o w J o m Z o Q O w I W O V' O J _J O M I a m O 0 r z a MI �Iw M W Zlv m W C N � 'd i Q i i N OJ o " rn oU.; E m N L JC 6 Cl) m D E z nj cri [f L CO 22 d V VINES THOMAS ASSOCIA TES #20175 December 10, 2025 Jeffrey Darrow, Director Planning Department County of Hawaii 101 Pauahi St, Ste 3 Hilo, Hawaii 96720 RE: Variance Application PL-SVAR-2025-000070 Applicant: Chrystal Thomas Yamasaki, LPLS, Wes Thomas Associates Owner: Thomas James Viernes and Kristin Ann Rogler TMK: 4-6-008: 077 (3rd Division) (PL-SUB-2025-000377) Dear Director Darrow: Pursuant to your letter of December 9, 2025, we have uploaded the certificate of mailing notifying the owners of interest in properties within 300 feet of the perimeter boundary of the applicant's property of the variance request, to the EPIC system. If you have any questions or if you need additional information, please feel free to contact the undersigned at 329-2353. Very truly yours, WES THOMAS ASSOCIATES Chryst Thomas asaki, L.P.L.S. CTY:ky encl: Certificate of Mailing WES THOMAS ASSOCIA TES- Land Surveyors 75-5749 Kalawa Street, Suite 201 Kailua-Kona, Hawaii 96740-1873 Tel, 808-329-2353 Email.• surveys Owtahawaii.com Website: www.wtahawaii.cam 23 JOSH GREEN,M.D. E Hq KENNETH S.FINK,M.D,MGA,MPH � GOVERNOR OF HAWAII ,r Sys.. y DIRECTOR OF HEALTH KE KIA'AINA O KA MOKU'AINA O HAWAH y, KA LUNA HO'OKELE t 3 .3 STATE OF HAWAII DEPARTMENT OF HEALTH P.O. BOX 916 HILO, HAWAII 96721-0916 MEMORANDUM DATE: December 19, 2025 TO: Mr. Jeffrey W. Darrow Planning Director, County of Hawaii FROM: Eric Honda District Environmental Health Program Chief SUBJECT: Application: SUBDIVISION VARIANCE PL-SVAR-2025-000070 Applicant: WES THOMAS ASSOCIATES Owners: THOMAS J. VIERNES & KRISTI A. ROGLER Request: Variance from Chapter 23, Subdivisions, Article 6, Division 2, Improvements Required, Section 23-84 Water Supply TMK: 4-6-008:077 (PL-SUB-2025-000377) In most cases, the District Health Office will no longer provide individual comments to agencies or project owners to expedite the land use review and process. Agencies,project owners, and their agents should apply Department of Health "Standard Comments"regarding land use to their standard project comments in their submittal. Standard comments can be found on the Land Use Planning Review section of the Department of Health website: https:Hhealth.hawaii.gov/epo/la acluse/. Contact information for each Branch/Office is available on that website. Note: Agencies and project owners are responsible for adhering to all applicable standard comments and obtaining proper and necessary permits before the commencement of any work. General summary comments have been included for your convenience. However, these comments are not all-inclusive and do not substitute for review of and compliance with all applicable standard comments for the various DOH individual programs. Clean Air Branch 24 Jeffrey W. Darrow December 19, 2025 Page 2 of 4 1. All project activities shall comply with the Hawaii Administrative Rules (HAR), Chapters 11-59 and 11-60.1. 2. Control of Fugitive Dust: You must reasonably control the generation of all airborne, visible fugitive dust and comply with the fugitive dust provisions of HAR §11-60.1-33. Note that activities that occur near existing residences, businesses,public areas, and major thoroughfares exacerbate potential dust concerns. It is recommended that a dust control management plan be developed which identifies and mitigates all activities that may generate airborne and visible fugitive dust and that buffer zones be established wherever possible. 3. Standard comments for the Clean Air Branch are at: hitl�s://hea➢th.hawairo.gov/�; o/lancluse/ Clean Water Branch 1. All project activities shall comply with the HAR, Chapters 11-53, 11-54, and 11-55. 1. The following Clean Water Branch website contains information for agencies and/or project owners who are seeking comments regarding environmental compliance for their projects with HAR, Chapters 11-53, 11-54, and 11-55: htt s://health.hawaii.�ov/cwb/clean-water-branch-honae- a�re/cwb- Hazard Evaluation & Emergency Response Office 1. A Phase I Environmental Site Assessment(ESA) and Phase 11 Site Investigation should be conducted for projects wherever current or former activities on site may have resulted in releases of hazardous substances, including oil or chemicals. Areas of concern include current and former industrial areas, harbors, airports, and formerly and currently zoned agricultural lands used for growing sugar, pineapple or other agricultural products. 2. Standard comments for the Hazard Evaluation & Emergency Response Office are at: httlss://health.hawaii.aov/epo/lancluse/. Indoor and Radiological Health Branch 1. Project activities shall comply with HAR Chapters 11-39, 11-45, 11-46, 11-501, 11- 502, 11-503, and 11-504. 2. Noise may be generated during demolition and/or construction. The applicable maximum permissible sound levels, as stated in Title 11, HAR, Chapter 11-46, "Community Noise Control," shall not be exceeded unless a noise permit is obtained from the Department of Health. 3. Construction/Demolition Involving Asbestos: If the proposed project includes renovation/demolition activities that may involve asbestos, the applicant should contact the Asbestos and Lead Section of the Branch at htt s://health.hawaii. ,ov/irhb/asbestos/. 25 Jeffrey W. Darrow December 19, 2025 Page 3 of 4 Safe Drinking Water Branch 1. Agencies and/or project owners are responsible for ensuring environmental compliance for their projects in the areas of 1)Public Water Systems; 2) Underground Injection Control; and 3) Groundwater and Source Water Protection in accordance with HAR Chapters 11-19, 11-20, 11-21, 11-23, 11-23A, and 11- 25. They may be responsible for fulfilling additional requirements related to the Safe Drinking Water program: l ttts ,-//health.hawaii.gov/sdwb/. 2. Standard comments for the Safe Drinking Water Branch can be found at: https://health hawaii.go epo/1an.duse/. Solid & Hazardous Waste Branch 1. Hazardous Waste Program - The state regulations for hazardous waste and used oil are in HAR Chapters 11-260.1 to 11-279.1. These rules apply to the identification, handling, transportation, storage, and disposal of regulated hazardous waste and used oil. 2. Solid Waste Programs - The laws and regulations are contained in HRS Chapters 339D, 342G, 342H, and 342I, and HAR Chapters 11-58.1 and 11-282. Generators and handlers of solid waste shall ensure proper recycling or disposal at DOH-permitted solid waste management facilities. If possible,waste prevention, reuse, and recycling are preferred options over disposal. The Office of Solid Waste Management also oversees the electronic device recycling and recovery law, the glass advanced disposal fee program, and the deposit beverage container program. 3. Underground Storage Tank Program— The state regulations for underground storage tanks are in HAR Chapter 11-280.1. These rules apply to the design, operation, closure, and release response requirements for underground storage tank systems, including unknown underground tanks identified during construction. 4. Standard comments for the Solid& Hazardous Waste Branch can be found at: leaps://health.hawaii.gov/epo/laacluse/. Wastewater Branch For comments,please email the Wastewater Branch at c��1 ,.:... .. _b.r doh.hawaii. -fov.. Sanitation/Local DOH Comments: 1. According to HAR §11-26-35,No person, firm, or corporation shall demolish or clear any structure without first ascertaining the presence or absence of rodents that may endanger public health by dispersal from such premises. Should any such inspection reveal the presence of rodents, the rodents shall be eradicated before demolishing or clearing the structure. A demolition permit is required prior to demolition. 26 Jeffrey W. Darrow December 19, 2025 Page 4 of 4 Other 1. CDC - Healthy Places - Healthy Community Design Checklist Toolkit recommends that state and county planning departments, developers,planners, engineers, and other interested parties apply these principles when planning or reviewing new developments or redevelopment projects. 2. If new information is found or changes are made to your submittal, DOH reserves the right to implement appropriate environmental health restrictions as required. Should there be any questions on this matter, please contact the Department of Health, Hawaii District Health Office, at(808) 933-0917. 27 19 49 DEPARTMENT OF WATER SUPPLY COUNTY OF HAWAVI .OF... NA..... .... 345 KEKLJANA0'A STREET, SUITE 20 • HILO, HAWAI'l 96720 TELEPHONE (808) 961-8050 - FAX (808)961-8657 January 9, 2026 P-014 r—UNMIN-C DEPT TO: Mr. Jeffrey Darrow, Director JPN 12 20-20_R43:31 Planning Department REC,D HIAND CE-11VERED FROM: Keith K. Okamoto, Manager-Chief Engineer SUBJECT: Preliminary Plat Map and Defer Action Subdivider: Thomas J.Viernes and Kristen A.Rogler Tax Map Key 4-6-008:077(PL-SUB-2025-000377) We have reviewed the subject application for the proposed subdivision and have the following comments: The subject property was created by Subdivision 79-257 and approved under a Water Waiver from the Department's water requirements for subdivisions. Of the five(5) lots created by that subdivision action,three (3) lots(TMK 4-6-008:029,055, and 078)currently have water service supported by 5/8-inch meters serving each property, which is limited to an average daily usage of 400 gallons and suitable for only one(1)single- family dwelling each. By cancelling the Water Waiver, water can be made available from an existing 6-inch waterline within Old Mdmalahoa Highway in accordance with the Department's existing water availability conditions, which are subject to change without notice. Therefore, pursuant to Rule 5 of the Department's Rules and Regulations, a copy of which is being forwarded to the applicant, a water commitment may be issued. Based on the two(2) additional units requested in this proposed two(2)units development,the required water commitment deposit is$300.00. Remittance by the applicant of the deposit is requested as soon as possible so that a water commitment may be formally issued. The commitment will be in writing with specific conditions and effective dates stated. Please keep in mind that this letter shall not be construed as a water commitment. In other words, unless a water commitment is officially issued, water availability is subject to change without notice, depending on the water situation. For the applicant's information, final subdivision approval will be subject to compliance with the following requirements: 1. Construct necessary water system improvements, which shall include, but not be limited to: a. water mains capable of delivering water at adequate pressure and volume under peak-flow and fire-flow conditions; minimum diameter of mains shall be 6—inches from Old Mamalahoa Highway extending approximately 1,425 lineal feet along Pua'ono Road to front the flag lots, b. service laterals that will accommodate 5/8-inch sized meters to front each lot, . . . Water, Our 9dost Precious Resource. . . Xa Wai,4 Kane . The Department of Water Supply is an Equal Opportunity provider and employer. 28 Mr.Jeffrey Darrow, Director Page 2 January 9, 2026 C. subject to other agencies' requirements to construct improvements within the road right-of-way fronting the property affected by the proposed development,the applicant shall be responsible for the relocation and adjustment of the Department's affected water system facilities, should they be necessary. Submit construction plans and design calculations prepared by a professional engineer registered in the State of Hawaii, for review and approval. 2. Remit the prevailing facilities charge,which is subject to change, as shown below: FACILITIES CHARGE(FC): Two(2)additional units @ $6,095.00/unit $12,190.00 Total FC $12,190.00 This is due and payable upon completion of the installation of the required water system improvements and prior to final subdivision approval being granted. For your information,water commitment deposits are credited towards the final facilities requirement for the development. Note that the amount of water commitment deposit may exceed the prevailing facilities charge amount; for example, when requests for time extensions continue and are approved. Until the development is finally completed,these are separate and unrelated items. In the event that water commitment deposits exceed the facilities charge, no refunds are applicable. 3. Submit the appropriate documents, properly prepared and executed,to convey the water system improvements and necessary easements to the Water Board of the County of Hawaii prior to final subdivision approval being granted. A registered land surveyor shall stamp and certify the metes and bounds description within the conveyance documents. However,prior to water meter services being granted to the development,or any lots within,the conveyance documents shall be accepted by the Water Board. Should there be any questions, please contact Ms_ Robyn Matsumoto of our Water Resources and Planning Branch at(808)961-8070,extension 255. Sincerely yours, 1 �� ¢ Keith K. Okamoto, P.E. Manager-Chief Engineer RM:dfg copy— Thomas Viernes& Kristen Rogler(w/copy of Rule 5 of the Rules and Regulations) Wes Thomas Associates Skilled Services, LLC 29 WATER.S OF.. 19 49 DEPARTMENT OF WATER SUPPLY COUNTY OF HAWAVI 345 KEKLJANA0)'A STREET, SUITE 20 HILO, HAWAI'I 96720 TELEPHONE (808) 961-8050 - FAX (808) 961-8657 January 9, 2026 (;GM F11 `)NNIING X:'I:)� -9 3: -- TO: Mr. Jeffrey Darrow, Director Planning Department R E CID Hq"I F-16 D ZE L-1v E R E D FROM: Keith K. Okamoto, Manager-Chief Engineer SUBJECT: Subdivision Variance PL-SVAR-2025-000070 Applicant: Wes Thomas Associates Request: Variance from Chapter 23, Subdivisions,Article 6, Division 2, Improvements Required, Section 23-84,Water Supply Tax Map Key 4-6-008:077 (PL-SUB-2025-000377) We have reviewed the subject application and defer our comments until we can provide comments to the Preliminary Plat Map for PL-SUB-2025-000377 which was received on January 6, 2026. Should there be any questions, please contact Ms. Robyn Matsumoto of our Water Resources and Planning Branch at 808-961-8070, extension 255. Sincerely yours, W/ it m � Keith K. Okamoto, P.E. Manager-Chief Engineer RM:dfg copy— Wes Thomas Associates Skilled Services, LLC . . . Water, Our 9dost Precious resource. . . Ka Wai,4 Kane . . . 30 The Department of Water Supply is an Equal Opportunity provider and employer. 19 49 DEPARTMENT OF WATER SUPPLY COUNTY OF HAWAVI 345 KEK(JANA0'A STREET, SUITE 20 HILO, HAWAI'I 96720 TELEPHONE (808) 961-8050 - FAX (808)961-8657 January 15, 2026 CC I P L 9*4 14 Y.-hgri ^1=T JV4162022, Do TO: Mr. Jeffrey Darrow, Director Planning Department T R EC D H1!Ai N D D EL:_7 L R 19 FROM: Keith K. Okamoto, Manager-Chief Engineer SUBJECT: Subdivision Variance PL-SVAR-2025-000070 Applicant: Wes Thomas Associates Request: Variance from Chapter 23, Subdivisions,Article 6, Division 2, Improvements Required, Section 23-84,Water Supply Tax Map Key 4-6-008:077 (PL-SUB-2025-000377) We have submitted our comments to your Department, dated January 9, 2026, regarding the Preliminary Plat Map. The following additional comments apply to the subject application. Water service is now available. Please ensure compliance with our comments dated January 9, 2026, that were submitted to your Department. Once your Department approves the variance, the Water Waiver must still be canceled prior to granting final subdivision approval. Should there be any questions, please contact Ms. Robyn Matsumoto of our Water Resources and Planning Branch at 808-961-8070, extension 255. Sincerely yours, W kIW* Keith K. Okamoto, P.E. Manager-Chief Engineer RM:dfg copy— Wes Thomas Associates Skilled Services, LLC . . . Water, Our�41ost (Precious Resource. . . Ka Wa iA Kane . 31 The Department of Water Supply is an Equal Opportunity provider and employer. C.Kimo Alameda,Ph.D. Jeffrey W.Darrow c;• Mayor Director r; ;r William V.Brilhante Jr. Michelle S. Alm Managin;Director Deputy Director 7TE OF•MP.f� West Hawai`i Office East Hawai'i Office 74-5044 Ane Keohokalole Hwy 101 Pauahi Street,Suite 3 Kailua-Kona,Hawai'i 96740 County of Hawaii Hilo,Hawai'i 96720 Phone(808) 3-4770 Phone ( )961-8288 2 Fax(808)327-7-3563 PLANNING DEPARTMENT Fax(808)961-874 CERTIFIED MAIL 9589 0710 5270 3378 1986 97 February 6, 2026 Chrystal Thomas Yamasaki, LPLS Wes Thomas Associates 75-5749 Kalawa Street, Suite 201 Kailua-Kona, HI 96740 Dear Chrystal Thomas Yamasaki: SUBJECT: Application: SUBDIVISION VARIANCE PL-SVAR-2025-000070 Applicant: WES THOMAS ASSOCIATES Owners: THOMAS J. VIERNES & KRISTI A. ROGLER Request: Variance from Chapter 23, Subdivisions, Article 6, Division 2, Improvements Required, Section 23-84, Water Supply Tax Map Key: (3) 4-6-008:077 (PL-SUB-2025-000377) Upon review of the variance application, the Planning Director certifies the denial of Variance PL-SVAR-2025-000070. The subdivision variance requested relief for PL-SUB-2025-000377 from constructing minimum County dedicable water supply system improvements for two (2) lots as required by Hawaii County Code (HCC), Chapter 23 (Subdivisions). The Planning Director has concluded that the variance from the above-referenced subdivision standards be denied based on the following findings: BACKGROUND 1. Location. The referenced property, Lot 28-C, containing a total of 11.426 acres, is situated in Ahualoa Homesteads, Hamakua, Hawaii. 2. County Zoning. A-5a(Agricultural, minimum 5-acre lot size). 3. State Land Use. Urban (U). www.planning.hawaiicounty.gov Hawaii County is an Equal Opportunity Provider and Employer planninggc�i hawaiicounty.gov 32 Chrystal Thomas Yamasaki, LPLS Wes Thomas Associates PL-SVAR-2025-000070 Denial Letter February 6, 2026 Page 2 4. General Plan. Land Use Pattern Allocation Guide (LUPAG) map designates the property as Important Agricultural Land(ial). 5. Subdivision Code Requirements. The subdivision code requires that subdivisions be served by a water system meeting the minimum requirements of the County Department of Water Supply (DWS) and be provided with water mains and fire hydrants installed to and within the subdivision in accordance with the rules and regulations of the DWS. 6. Subdivision Request/PPM. Subdivision application PL-SUB-2025-000377 was submitted to subdivide the subject property into two (2) lots. Further action on the subdivision application has been deferred pursuant to the letter of January 2, 2026, in the subdivision file. 7. Variance Application. The variance request from water supply improvements for two (2) lots was acknowledged by Planning Department letter dated December 9, 2025. This variance application includes background history and circumstances and information regarding the pending subdivision application. 8. Agency Comments and Requirements. a. State of Hawaii Department of Health (DOH): See attached memorandum dated December 19, 2025. (Exhibit A). b. Department of Water Supply (DWS): See attached memorandum dated January 9, 2026, (Exhibit B). c. Department of Water Supply (DWS): See attached memorandum dated January 15, 2026, (Exhibit Q. 9. Notice to Surrounding Owners/Posted Sign. a. The applicant submitted evidence, dated November 19, 2025, regarding the posting of a public notification sign on the subject property pursuant to Section 23-17(c) of the Hawaii County Code (HCC). Pictures of the posted sign were also submitted. b. According to USPS certificate of mailing receipts and affixed postal receipts, the notices to surrounding property owners within 300 feet were mailed on December 10, 2025, as required by Section 23-17(a). c. Notice of this application was also published in the Hawaii Tribune Herald and West Hawaii Today on December 29, 2025. 33 Chrystal Thomas Yamasaki, LPLS Wes Thomas Associates PL-SVAR-2025-000070 Denial Letter February 6, 2026 Page 3 10. Comments from Surrounding Property Owners or Public. There were no written comments received from the surrounding property owners or the public. REVIEW CRITERIA Section 23-14 of the County Code provides the Director with the general authority to grant variances. Said section states the following: "Variances from the provisions of this chapter may be granted; provided, that a variance shall not allow the introduction of a use not otherwise permitted within the district; and provided further that a variance shall not primarily effectuate relief from applicable density limitations. Section 23-15 states that no variance will be granted unless it is found that: a. There are special or unusual circumstances applying to the subject real property which exist either to a degree which deprives the owner or applicant of substantial property rights that would otherwise be available, or to a degree which obviously interferes with the best use or manner of development of that property; and b. There are no other reasonable alternatives that would resolve the difficulty; and c. The variance is consistent with the general purpose of the district, the intent and purpose of this chapter, and the general plan, and will not be materially detrimental to the public welfare or cause substantial, adverse impact to an area's character or to adjoining properties. ALTERNATIVES/SPECIAL AND UNUSUAL CIRCUMSTANCES The applicants contend that municipal water is not available from the Department of Water Supply. In review of the application materials and comments from the respective agencies,the Department finds no special or unusual circumstances justifying the variance. INTENT AND PURPOSE The intent of providing a variance from water requirements in the subdivision code is to allow alternative water resources when there is no municipal water available, whether through a lack of facilities or a lack of capacity. The Department of Water Supply has indicated that water is available for the proposed subdivision. The Planning Department finds no special or unusual circumstances justifying the variance. 34 Chrystal Thomas Yamasaki, LPLS Wes Thomas Associates PL-SVAR-2025-000070 Denial Letter February 6, 2026 Page 4 VARIANCE DECISION The variance application, PL-SVAR-2025-000070, concerning the applicant's request for a variance from constructing minimum County dedicable water supply system to the subject property is hereby denied. The Department of Water Supply has indicated that water is available for the proposed subdivision. The Planning Department finds no special or unusual circumstances justifying the variance. APPEAL In accordance with Ordinance No. 99-112, you may appeal the director's decision as follows: a. Any person aggrieved by the decision of the director in the administration or application of this chapter may, within thirty days after the date of the director's written decision, appeal the decision to the board of appeals. b. A person is aggrieved by a decision of the director if: 1. The person has an interest in the subject matter of the decision that is so directly and immediately affected, that the person's interest is clearly distinguishable from that of the general public: and 2. The person is or will be adversely affected by the decision. c. An appcal shall be in writing, in the form prescribcd by the board of appcals and shall spccify the person's interest in the subject matter of the appeal and the grounds of the appeal. A filing fee of$250 shall accompany any such appeal. The person appealing a decision of the director shall provide a copy of the appeal to the director and to the owners of the affected property and shall provide the board of appeals with proof of service. d. The appellant, the owners of the affected property, and the director shall be parties to an appeal. Other persons may be admitted as parties to an appeal, as permitted by the board of appeals. e. The board of appeals may affirm the decision of the director, or it may reverse or modify the decision, or it may remand the decision with appropriate instructions if based upon the preponderance of evidence the board finds that: 35 Chrystal Thomas Yamasaki, LPLS Wes Thomas Associates PL-SVAR-2025-000070 Denial Letter February 6, 2026 Page 5 1. The director erred in its decision; or 2. (2) The decision violated this chapter or other applicable law; or 3. (3) The decision was arbitrary or capricious or characterized by an abuse of discretion or clearly unwarranted exercise of discretion. In view of the above and for your reference, we have enclosed the GENERAL PETITION FOR APPEAL OF DECISIONS BY PLANNING DIRECTOR form. Sincerely,, W. /� r// Pi / ei Y V. Da I �W Jeffrey VV. Darrow(Feb 6,2026 12:26:28 HST) JEFFREY W. DARROW Planning Director HS:sklo \\hawaiicounty.gov\depts\PL\PL\planning\public\Admin Permits Division\Variance\2025\PL-SVAR-2025-000070 - Viernes Rogler (Water)APL-SVAR-2025-000070 Viernes-Rogler DENIAL 02-06-26.docx Encl.: Agency Comments (Exhibits A, B, & C) General Petition for Appeal of Decisions by Planning Director Form 36 JOSH GREEN,M.D. E Hq KENNETH S.FINK,M.D,MGA,MPH � GOVERNOR OF HAWAII ,r DIRECTOR OF HEALTH KE KIA'AINA O KA MOKU'AINA O HAWAI'I y, KA LUNA HO'OKELE t 3 .3 EXHIBIT A STATE OF HAWAII DEPARTMENT OF HEALTH P.O. BOX 916 HILO, HAWAII 96721-0916 MEMORANDUM DATE: December 19, 2025 TO: Mr. Jeffrey W. Darrow Planning Director, County of Hawaii FROM: Eric Honda District Environmental Health Program Chief SUBJECT: Application: SUBDIVISION VARIANCE PL-SVAR-2025-000070 Applicant: WES THOMAS ASSOCIATES Owners: THOMAS J. VIERNES & KRISTI A. ROGLER Request: Variance from Chapter 23, Subdivisions, Article 6, Division 2, Improvements Required, Section 23-84 Water Supply TMK: 4-6-008:077 (PL-SUB-2025-000377) In most cases, the District Health Office will no longer provide individual comments to agencies or project owners to expedite the land use review and process. Agencies,project owners, and their agents should apply Department of Health "Standard Comments"regarding land use to their standard project comments in their submittal. Standard comments can be found on the Land Use Planning Review section of the Department of Health website: https:Hhealth.hawaii.gov/epo/la acluse/. Contact information for each Branch/Office is available on that website. Note: Agencies and project owners are responsible for adhering to all applicable standard comments and obtaining proper and necessary permits before the commencement of any work. General summary comments have been included for your convenience. However, these comments are not all-inclusive and do not substitute for review of and compliance with all applicable standard comments for the various DOH individual programs. Clean Air Branch 37 Jeffrey W. Darrow December 19, 2025 Page 2 of 4 1. All project activities shall comply with the Hawaii Administrative Rules (HAR), Chapters 11-59 and 11-60.1. 2. Control of Fugitive Dust: You must reasonably control the generation of all airborne, visible fugitive dust and comply with the fugitive dust provisions of HAR §11-60.1-33. Note that activities that occur near existing residences, businesses, public areas, and major thoroughfares exacerbate potential dust concerns. It is recommended that a dust control management plan be developed which identifies and mitigates all activities that may generate airborne and visible fugitive dust and that buffer zones be established wherever possible. 3. Standard comments for the Clean Air Branch are at: halas://heallth.hawaii.gov/e o/llanduse/ Clean Water Branch 1. All project activities shall comply with the HAR, Chapters 11-53, 11-54, and 11-55. 1. The following Clean Water Branch website contains information for agencies and/or project owners who are seeking comments regarding environmental compliance for their projects with HAR, Chapters 11-53, 11-54, and 11-55: h e- ggre wb-sta�c a1.c�-cc ila.ila.'eslts/. Hazard Evaluation & Emergency Response Office 1. A Phase I Environmental Site Assessment(ESA) and Phase 11 Site Investigation should be conducted for projects wherever current or former activities on site may have resulted in releases of hazardous substances, including oil or chemicals. Areas of concern include current and former industrial areas, harbors, airports, and formerly and currently zoned agricultural lands used for growing sugar, pineapple or other agricultural products. 2. Standard comments for the Hazard Evaluation& Emergency Response Office are at: httlss://health.hawaii.aov/epo/laacluse/. Indoor and Radiological Health Branch 1. Project activities shall comply with HAR Chapters 11-39, 11-45, 11-46, 11-501, 11- 502, 11-503, and 11-504. 2. Noise may be generated during demolition and/or construction. The applicable maximum permissible sound levels, as stated in Title 11, HAR, Chapter 11-46, "Community Noise Control," shall not be exceeded unless a noise permit is obtained from the Department of Health. 3. Construction/Demolition Involving Asbestos: If the proposed project includes renovation/demolition activities that may involve asbestos, the applicant should contact the Asbestos and Lead Section of the Branch at htt s.//health.hawaii. ,ov/irhb/asbestos/. 38 Jeffrey W. Darrow December 19, 2025 Page 3 of 4 Safe Drinking Water Branch 1. Agencies and/or project owners are responsible for ensuring environmental compliance for their projects in the areas of 1)Public Water Systems; 2) Underground Injection Control; and 3) Groundwater and Source Water Protection in accordance with HAR Chapters 11-19, 11-20, 11-21, 11-23, 11-23A, and 11- 25. They may be responsible for fulfilling additional requirements related to the Safe Drinking Water program: llttts ://health.hawaii.gov/sdwb/. 2. Standard comments for the Safe Drinking Water Branch can be found at: https://health.hawaii.go epo/landuse/. Solid & Hazardous Waste Branch 1. Hazardous Waste Program - The state regulations for hazardous waste and used oil are in HAR Chapters 11-260.1 to 11-279.1. These rules apply to the identification, handling, transportation, storage, and disposal of regulated hazardous waste and used oil. 2. Solid Waste Programs - The laws and regulations are contained in HRS Chapters 339D, 342G, 342H, and 342I, and HAR Chapters 11-58.1 and 11-282. Generators and handlers of solid waste shall ensure proper recycling or disposal at DOH-permitted solid waste management facilities. If possible,waste prevention, reuse, and recycling are preferred options over disposal. The Office of Solid Waste Management also oversees the electronic device recycling and recovery law, the glass advanced disposal fee program, and the deposit beverage container program. 3. Underground Storage Tank Program— The state regulations for underground storage tanks are in HAR Chapter 11-280.1. These rules apply to the design, operation, closure, and release response requirements for underground storage tank systems, including unknown underground tanks identified during construction. 4. Standard comments for the Solid& Hazardous Waste Branch can be found at: leaps://health.hawaii.gov/epo/laacluse/. Wastewater Branch For comments,please email the Wastewater Branch at c��1 ,.:... .. b.r doh.hawaiijwv, Sanitation/Local DOH Comments: 1. According to HAR §11-26-35,No person, firm, or corporation shall demolish or clear any structure without first ascertaining the presence or absence of rodents that may endanger public health by dispersal from such premises. Should any such inspection reveal the presence of rodents, the rodents shall be eradicated before demolishing or clearing the structure. A demolition permit is required prior to demolition. 39 Jeffrey W. Darrow December 19, 2025 Page 4 of 4 Other 1. CDC - Healthy Places - Healthy Community Design Checklist Toolkit recommends that state and county planning departments, developers,planners, engineers, and other interested parties apply these principles when planning or reviewing new developments or redevelopment projects. 2. If new information is found or changes are made to your submittal, DOH reserves the right to implement appropriate environmental health restrictions as required. Should there be any questions on this matter, please contact the Department of Health, Hawaii District Health Office, at(808) 933-0917. 40 EXHIBIT B % 19: 49 DEPARTMENT OF WATER SUPPLY COUNTY OF HAWAVI 345 KEKUANAO'A STREET, SUITE 20 HILO, HAWAI'I 96720 TELEPHONE (808) 961-8050 - FAX(808) 961-8657 January 9, 2026 0 2G Pim 0 TO: Mr. Jeffrey Darrow, Director Planning Department REC'D 141114-01 KEL-l"'VERIL-70l FROM: Keith K. Okamoto, Manager-Chief Engineer SUBJECT: Subdivision Variance PL-SVAR-2025-000070 Applicant: Wes Thomas Associates Request: Variance from Chapter 23, Subdivisions,Article 6, Division 2, Improvements Required, Section 23-84,Water Supply Tax Map Key 4-6-008:077 (PL-SUB-2025-000377) We have reviewed the subject application and defer our comments until we can provide comments to the Preliminary Plat Map for PL-SUB-2025-000377 which was received on January 6, 2026. Should there be any questions, please contact Ms. Robyn Matsumoto of our Water Resources and Planning Branch at 808-961-8070, extension 255. Sincerely yours, t Keith K. Okamoto, P.E. Manager-Chief Engineer RM:dfg copy— Wes Thomas Associates Skilled Services, LLC Water, Our 9dost ftecious Xesource. . . Ka WaiA Kane . . . 41 The Department of Water Supply is an Equal Opportunity provider and employer. i EXHIBIT C `t NATF,'k\ O =i t 19• i 19 DEPARTMENT OF WATER SUPPLY COUNTY OF HAWAVI 345 KEKUANAO'A STREET, SUITE 20 HILO, HAWAI'I 96720 TELEPHONE (808) 961-8050 • FAX (808) 961-8657 January 15, 2026 TO: Mr. Jeftrey Darrow, Director Planning Department FROM: Keith K. Okamoto, Manager-Chief Engineer SUBJ[+,CT: Subdivision Variance 1"1,-SVAR-2025-000070 Applicant: Wes Thomas Associates Request: Variance from Chapter 23, Subdivisions, Article 6, Division 2, Improvements Required, Section 23-84, Water Supply Tax Map Key 4-6-008:077 (I'L-SU13-2025-000377) We have submitted our comments to your Department, dated January 9, 2026, regarding the Preliminary Plat Map. The following additional comments apply to the subject application. Water service is now available. Please ensure compliance with Our comments dated January 9, 2026, that were submitted to your Department. Once your Department approves the variance, the Water Waiver must still be canceled prior to granting final subdivision approval. Should there be any questions, please contact Ms. Robyn Matsumoto Of our Water ReSOurces and Planning Branch at 908-961-8070, extension 25 j_ Sincerely yours, �1'tl` am Keith K. Okamoto, P.I:. Manager-Chief Fngineer RM:dfg copy — Wes Thomas Associates Skilled Services, L1,C `Water, Our Most <Precious (9fsource . . . Xa `lNai,4 7(,ane . . . 42 The Department of Water Supply is an Equal Opportunity provider and employer Aloha! The County of Hawai`i Planning Department has launched its Electronic Processing and Information Center (EPIC) sytem, which allows applicants to submit applications and payments to the Planning Department electronically. What is the EPIC system? The EPIC system is an electronic submittal system only. What does this mean? EPIC replaces the process of mailing/dropping off your completed paper application and fee to the Planning Department; it does not replace the process of filling out the application form. Applicants will still need to download the appropriate Planning Department application form from our website (www.planning.hawaiicounty. o_v), fill it out, and collect any supporting documents prior to submittal. How does EPIC affect the application submittal process? With the launch of the EPIC system, the Planning Department is no longer accepting paper applications. All application submittals and payments must be completed through EPIC. I've rilled out the application and collected my supporting documents. Now what? • Save your application and documents in PDF form. • Create your user account in EPIC. Visit www.planninjz.hawaiicounty.gov and click on the Electronic Processing and Information Center banner. You will be redirected to EPIC`s Customer Self-Service (CSS)portal, where you may create a new user account. • Once your account is created, select the application you wish to apply for. During the submittal process: o When prompted to Add Contacts, you may add any person/company as a Contact so long as that Contact has their own EPIC user account. Contacts will be able to view your application and any documents associated with your submittal. As some applications ma contain personal financial information, please do not add contacts whom you do not wish to be able to access this information. o When prompted to Add Attachments,please upload your PDF file(s). Where do I find out more information about the EPIC system and how to use it? • How-to videos for navigating the EPIC system are available online. o Visit www.planninsz.hawaiicouniy.gov o Click on the Electronic Processing and Information Center banner o On EPIC's welcome page, click Help and scroll through the drop-down menu to view the list of available how-to videos • Need more help? Please contact us: o HILO Main line: (808) 961-8288 o KONA Main line: (808) 323-4770 o Email: planningkhawaiicount gov 10 COUNTY OF HAWAYI Electronic Processing and Information Center (EPIC) 43 JNZYf7 11 /ol t,TE OF N►'� County of Hawaii BOARD OF APPEALS Aupuni Center • 101 Pauahi, Suite 3 • Hilo,Hawaii 96720 (808)961-8288 • Fax(808)961-8742 GENERAL PETITION FOR APPEAL OF DECISIONS BY PLANNING DIRECTOR OR PUBLIC WORKS DIRECTOR (Type or legibly print the requested information. See instructions attached.) TYPE OF PETITION (check one): ❑ Appeal Decision of the Planning Director Appeal Decision of Director of Public Works SUBJECT PROPERTY (land in question): Tax Map Key (TMK): Area of Property: State Land Use Designation: County Zoning: Street Address: APPELLANT INFORMATION: Name(s): Signature(s): Date: Mailing Address: Telephone: Email: Interest in Subject Property: LANDOWNER INFORMATION: Name(s): Signature(s)': Date: Mailing Address: Telephone: Email: APPELLANT REPRESENTATIVE INFORMATION (leave blank if not applicable): Name(s)/Title(s): Signature(s): Date: Mailing Address: Telephone: Email: 1 Not required if the Landowner is not the Appellant. \\COH01\planning\public\BOA\Forms and Labels\Application Forms\APPEAL 2021-07-PL or PW Dir.docx Revised April 202: 44 Statement of the nature of Appeal and the Relief Requested. Include Director's decision and decision date: Statement of how the Director's decision violates the law; or is clearly erroneous; or is arbitrary or capricious, or characterized by an abuse of discretion or clearly unwarranted exercise of discretion: Statement of any other relevant facts: If there is insufficient space on this form to provide the information, then please include supplemental documents. \\COH01\planning\public\BOA\Forms and Labels\Application Forms\APPEAL 2021-07-PL or PW Dir.docx Revised April 202: 4> INSTRUCTIONS GENERAL PETITION FOR APPEAL OF DECISIONS BY PLANNING DIRECTOR OR PUBLIC WORKS DIRECTOR Board of Appeals Rules of Practice and Procedure (RPP) can be reviewed in the Planning Department or on the following website: https://records.hawaiicounty.gov/Weblink/1/doc/34351/Pagel.aspx. For a General Petition for Appeal filed with the Board of Appeals to be considered complete, it must contain the following: 1. A filing fee of two hundred fifty dollars ($250) payable to the County Director of Finance [RPP Section 8-7]. 2. The original in electronic form of the following: 1. The General Petition for Appeal application form above. 2. Supplemental documents that provide the following: a. A description of the property involved in the appeal in sufficient detail for the public to precisely locate the property. b. A statement explaining the nature of the appeal and the relief requested. c. A statement explaining: i. How the decision appealed from violates the law; or ii. How the decision appealed from is clearly erroneous; or iii. How the decision appealed from was arbitrary or capricious, or characterized by an abuse of discretion or clearly unwarranted exercise of discretion. d. A clear and concise statement of any other relevant facts. 3. A copy of the Director's decision letter that is being appealed. Note that the Board of Appeals is a separate entity from the Planning Director and Director of Public Works. Pursuant to RPP Section 8-8, you are required to serve a copy of the petition to the Director of the decision being appealed, and to all landowners of the affected property if the landowners are not the Appellants. For questions, please email.boardofappeals@hawaiicounty.gov. You may submit the completed petition as a PDF document at the on-line Electronic Processing & Information Center (EPIC). \\COH01\planning\public\BOA\Forms and Labels\Application Forms\APPEAL 2021-07-PL or PW Dir.docx Revised April 202: 46 ■ Complete items 1,2,and 3. A. Signature SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY ■ Print your name and addess on the reverse X ❑Agent so that we can return the r card to you. ❑Addressee L L J_WF.Attach this card to the back of the mailpiece, B• R eived by(Prin ed C. Da a of Delivery or on the front if space permits. �� (CA(.►S ` f},'l/f/S 1. Article Addressed to: D. Is delivery address different from item 1? Yes /�(�"/�,,�.�y I �� ��IM �,�� If YES,enter delivery address below: ❑No w�,S �C}�oSMAS 1hbS0uor}t,t "1�3-51yq KQIA�► t�-• �,tt� Zo1 KQ�IuA -Kona , }tl qb-i�t� 3. Service Type ❑Priority Mail ExpressOO II I IIIIII IIII III I III III II III I II I�I II I I IIII I III ❑Adult Signature ❑Registered MaiIT"' ❑Adult Signature Restricted Delivery ❑Registered Mail Restricted Certified MailO Delivery 9590 9402 9343 5002 0334 17 ❑Certified Maif Restricted Delivery ,e�Signature ConfirmationT"' ❑Collect on Delivery ❑Signature Confirmation o e.+��io nip nrhor?ranefcir from scniico/ahall ❑Collect on Delivery Restricted Delivery Restricted Delivery ❑Insured Mail 9 5$9 �71� 5 2 7 0 3 3 7 8 19 8 6 9 7 ❑Insured Mail Restricted Delivery PS Form 3811,.lUly 2020 PSN 7530-02-000-9053 Domestic Return Receipt 47 USPS TRACKING# First-Class Mail Postage&Fees Paid USPS Permit No.G-10 9590 9402 9343 5002 0334 17 United States •Sender: Please print your name,address,and ZIP+40 in this box* Postal Service PLANNING DEPARTMENT County of Hawaii 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720 PI-S40 610 4OW 1 ks !f F''F!� II!ii F}}�i�iiifliii�ii!i}} }! iyy!I}li'!��lii}�i:IEjf� 48 IN THE BOARD OF APPEALS COUNTY OF HAWAI`I STATE OF HAWAI`I THOMAS JAMES VIERNES ) KRISTIN ANN ROGLER ) PL-BOA-2026-000131 Appellant, ) Appeal of Decision by the Planning Director Dated February 6, 2026, Regarding Subdivision Variance from Chapter 23, Subdivision, Article 6, vs. ) Division 2, Improvements Required, Section 23- 84, Water Supply (PL-SVAR-2025-000070) JEFFREY W. DARROW ) PLANNING DIRECTOR ) COUNTY OF HAWAT'I ) Appellee. ) CERTIFICATE OF SERVICE I HEREBY CERTIFY that a copy of the foregoing document was duly served on March 18, 2026 , to the following parties in the manner indicated below: HAND- DELIVERED U.S. MAIL E-MAIL THOMAS JAMES VIERNES ( ) ( ) (X) KRISTIN ANN ROGLER P.O. Box 6952 Kamuela, HI 96743 6952 E-mail: Mikromgmt(j4.)gmail.com Appellant/Landowner JEAN CAMPBELL, ESQ. ( ) ( ) (X) Corporation Counsel County of Hawai`i 101 Aupum Street, Suite 325 Hilo, HI 96720 E-mail: Jeank.Campbell(a�hawaiicounty.gov Attorney for Appellee CHRYSTAL YAMASAKI ( ) ( ) (X) Wes Thomas Associates 75-5749 Kalawa St. Suite 201 Kailua Kona, HI 96740 E-mail: Surveys(i4.)wtahawaii.com Representative for Landowners CHRISTY LOGAN ( ) ( ) (X) Skilled Services, LLC P.O. Box 390850 Keauhou, HI 96739 E-mail: Skilledservices.lo agannkarnail.com Consultant to Landowners SYLVIA WAN, ESQ. ( ) ( ) (X) Corporation Counsel County of Hawai`i 101 Aupum Street, Suite 325 Hilo, HI 96720 E-mail: SylviaA.Wan(a�hawaiicountygov Attorney for Board of Appeals BOARD OF APPEALS ( ) ( ) (X) 101 Pauahi Street, Suite 3 Hilo, HI 96720 E-mail: BoardofA peals(a�hawaiicounty.gov Board of Appeals DATED: Hilo, Hawaii, March 18, 2026 c �L�2�2trz STEPHANIf OTA Administrative Permits Division Clerk for the Planning Department