2025-09-11 Petition Filed Via Email

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hawai i lawyer.com® DAMON KEY LEONG KUPCHAK HASTERT A LAW CORPORATION Kona Plantation, LLC September 11, 2025 Page 6 further defines a"kitchen"as"a room or a portion of a room designed to be used for the preparation of food and containing at least one item from both of the following categories: (A) Fixtures, appliances or devices for heating or cooking food; and (B) Fixtures, appliances or devices for washing utensils used for dining and food preparation and/or for washing and preparing food." The individual Bedrooms do not have individual "kitchens" raising them to "dwelling units" as prescribed under the HCC. Further, all necessary building permits to create the sixteen bedrooms on the Property were lawfully provided by the Planning Department in 2002. Even if such permits were erroneous, the Owner (and predecessor in interest) has reasonably relied on such permits for over twenty-five years. See Waianae Model Neighborhood Area Ass'n v. City and Cty. of Honolulu, 55 Haw. 40, 44, 514 P.2d 861, 864 (1973) (when a government official acting within the ambit of his authority makes official assurances, the recipient is entitled to rely). To the extent that unpermitted heating elements are available in the bedrooms, Owner will remove such appliances. But at this time we are unaware of any such heating elements being present within the bedrooms. a. The Property is not Advertised for Event Use. The NOVO erroneously claims that the Owner is "advertising that the [P]roperty can be used for events." Owner does not allow events on the Property and never has. The notes from the site inspection (listed in the NOVO) makes no mention of any such events occurring on the Property, nor does the NOVO include evidence of such advertising. The Property is and has only ever been advertised as a rental, not as an event space. Thus, it is entirely unclear why the County raises this unsubstantiated assertion. For the foregoing reasons, and such others that may be shown at the hearing — Owner reserves the right to amend, supplement and assert further objections—Owner respectfully appeals to the Board of Appeals from the Planning Department's decision.