2024-12-13 BOARD OF APPEALS Minutes

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[SEE YOUTUBE TIMESTAMP 1:53:04] No discussion on the main motion as amended occurred. A roll-call vote was taken, and the motion passed with four ayes (Martin, McNamarra, Saiki, Lewis). [SEE YOUTUBE TIMESTAMP 1:54:54] Chair Lewis asked Mr. Salas-Ferguson to prepare the order and file it with the Board by December 27t1i 2024, and the appellant can file any objections by January 3rd, 2025. This item concluded at 11:24 a.m. MINUTES [SEE YOUTUBE TIMESTAMP 1:56:12] A motion was made by Board Member Martin to approve the hearing minutes of October 11th, 2024, as circulated. The motion was seconded by Board Member McNamarra. A brief discussion occurred. Chair Lewis mentioned a typo on page two (2) where it states was not clearly erroneous, was not an abusive discretion, to be replaced by abuse of discretion. Board Member Martin motioned to make the change as noted by the Chair; Board Member McNamarra seconded. An all-in favor vote was taken, and the motion passed unanimously. The motion to amend was adopted. The motion on the floor to adopt the minutes as amended was seconded by Board Member McNamarra. No discussion occurred. An all-in favor vote was taken, and the motion passed unanimously. ADMINISTRATIVE MATTERS Status of appeals filed on Board of Appeals decisions — Corporation Counsel [SEE YOUTUBE TIMESTAMP 1:58:58] Ms. Wan reported on the Board of Appeals decisions, there were three notable decisions that reached their final judgment. The first one was Lawrence Ford, John Koontz,Peter Hazard Trust,Don Davis,John Legerfo,Phillip Koszarek,William Gage, and Rebecca Gage in matter 3CCV-23-0000200. The final judgment was entered on December 2nd 2024, which reversed the Board of Appeals decision allowing a short-term vacation rental (STVR) on agricultural property. The reason for that judgment is the Supreme Court case, Linda Rosehill and other parties versus the State of Hawai`i Land Use Commission (LUC) and the County of Hawai`i filed on September 24th, 2024, found that STVR's are not allowed on agricultural land. The Ford case (PL-BOA-2022-00020) and Gage case (PL-BOA-2022-000021) will return on the agenda. The Rosehill consolidated cases, which includes sixteen(16) cases also will return on the agenda. The last matter was Claudia Rohr versus the Board of Appeals and Planning Department in 3CCV-23-0000100, the Judge had entered a findings of fact, conclusions of law, decision and order affirming the Board's decision. The final judgment was entered on November 15th, 2024. Ms. Rohr has a different case pending before the Board that stayed pending the outcome of this particular case, however it may return to the Board's agenda. BOARD OF APPEALS Minutes of December 13, 2024 7