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Statement of the nature of Appeal and the Relief Requested. Include Director's decision and decision <br />date: <br />On May 13, 2026, the County of Hawaii Planning Department Director, Jeffrey W. Darrow ("PDD") issued his decision (the "Decision") <br />regarding the Property located at 73-1415 Kukuna Street, Kailua-Kona, Hawaii 96740 (the "Lot"). The Decision provided that the structures <br />on Mr. and Mrs. Pabre's Lot were in compliance with Hawaii County Code ("HCC") Section 25-5-66 as he notes that the appropriate <br />setback in the FA Zoning District is 30 feet. However, this Decision fails to take into account the requirements of HCC Section 25-5-62, thus, <br />we disagree with this Decision. The Board would like the PDD to re-evaluate his decision and issue a decision consistent with the <br />fact that the appropriate setback in this situation is seventy-five (75) feet since the enclosures at issue are for the keeping of animals <br />(chickens) and should be at least seventy-five (75) feet from any lot line, in accordance with HCC Section 25-5-62. <br />Statement of how the Director's decision violates the law; or is clearly erroneous; or is arbitrary or <br />capricious, or characterized by an abuse of discretion or clearly unwarranted exercise of discretion: <br />HCC Section 25-5-66 establishes a minimum yard requirement, specifically for "accessory buildings and enclosures", which are defined in <br />HCC Section 25-1-5(b) as "a building [... ] detached from and subordinate to a main building or main use on the same building site and used for <br />the purposes customarily incidental to those of the main building or use." On the other hand, HCC Section 25-5-62 specifically requires that <br />enclosures for permitted animals be located at least seventy-five (75) feet from any lot line. Elizabeth Gillis, a Planning Inspector II at the <br />Planning Department, similarly acknowledged a conflict between HCC Section 25-5-56 and HCC Section 25-5-62(15), stating that <br />HCC Section 25-5-62(15) would prevail "where a structure or area is used for the keeping or confinement of livestock, the seventy-five (75) foot <br />separation requirement applies and controls over the standard yard setbacks". Here, the enclosures at issue are for the housing and <br />keeping of chickens, and thus, the structures should be located at least seventy-five (75) feet from any lot line. The DPP's decision is erroneous <br />because the structures at issue are plainly designed and used for the housing of chickens, rather than functioning as subordinate or accessory <br />structures to the "main building". There is inconsistency in the application of the HCC, particularly when another inspector has determined that the <br />provision that governs the required set backs in this matter, as the structure is for the keeping of livestock, is HCC Section 25-5-62 <br />and thus, the seventy-five (75) foot setback applies and controls over the standard setback requirement. <br />Statement of any other relevant facts: <br />If there is insufficient space on this form to provide the information, then please include supplemental documents. <br />\\COH01\planning\public\BOA\Forms and Labels\Application Forms\APPEAL 2021-07 - PL or PW Dir.docx Revised April 2021 <br />