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RELIEF REQUESTED: <br /> Reversal of Director's 2/15/22 decision. <br /> Statement of Error <br /> Hawaii Revised Statutes Chapter 205 violation <br /> State Land Use Commission declaratory order dated <br /> 5/20/21 <br /> County Zoning Code violation <br /> Ordinance 97-133 violation <br /> STVRs on a farm dwelling is prohibited <br /> Other Relevant Facts <br /> The subdivision CC&Rs prohibit "businesses" and operation <br /> of a STVR is a business. <br /> 34. A plain reading of the Appellants Gage's petition also informs <br /> the Appellee Board of Appeals that the dispute concerns the Appellee Planning <br /> Director's "closure letter" and his conclusion therein that the Appellee Neal and <br /> Zanone's use of their property for transient accommodation activity is a direct <br /> permitted use. And, further, that such activity violates the county Zoning <br /> Code, Ordinance 97-133, Chapter 205 of the Hawaii Revised Statutes and the <br /> State Land Use Commission's declaratory order as well as the Covenants, <br /> Conditions and Restrictions governing the subject land. <br /> 35. If the petitions allegedly are vague or incomplete, the <br /> Appellee Board of Appeals'jurisdiction was not affected thereby. The Appellee <br /> Board of Appeals obtained subject matter jurisdiction immediately upon the <br /> filing of the petitions under the provisions of Section 6-9.2 of the Hawaii <br /> County Charter. <br /> 36. To cure any alleged ambiguity or uncertainty, the Appellee <br /> Board of Appeals could have requested the Appellants Ford, et al. and Gage to <br /> amend their petitions. In fact, the Appellee Board of Appeals held a pre- <br /> hearing conference to identify the issues that are to be determined at the <br /> agency hearing and to ensure procedural readiness. <br /> 13 <br />