2026-6-26 APPELLANTS OBJECTIONS TO PROPOSED ORDER_v1.pdf

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14. On May 15, 2026, the hearing began as scheduled at 9:30 a.m. At 10:03 a.m., Appellant filed a Draft Memorandum in Opposition to Motion to Dismiss. The Board paused the hearing to read Appellant's Draft Memorandum in Opposition to Motion to Dismiss. The Board heard oral arguments and presentation of evidence and testimony on the Motion to Dismiss at the Hilo Council Chambers with a quorum of Board Members present. Ms. Claudia Rohr appeared as the Appellant. Mr. Richard Standke appeared as the Landowner. Jean K. Campbell, Deputy Corporation Counsel, appeared on behalf of the Planning Director. B. Factual Findings 15. The property at issue is located at 14 Oe Oe Street, Keaukaha, South Hilo and is identified by Tax Map Key Parcel No. (3) 2-1-018:013. The property is owned by Mr. Richard and Ms. Deborah Standke (collectively, "Landowner") 16. On April 11, 2025, the Planning Director issued an exemption determination in response to Special Management Area (SMA) Use Permit Assessment Application (PL-SAA 2025-000280) finding that the home improvement construction project, composed primarily of the construction of an internal staircase and the addition of an external lanai, proposed by Landowner was exempt from SMA approval requirements. Rohr objects on the grounds that Fact 14 does not accurately reflect the procedural history. Record facts: The Chair gave the Director's counsel and Rohr each five minutes for oral arguments. The Director's counsel was given two minutes in rebuttal. The Landowner was given a few minutes to give oral argument and Rohr was given one minute to respond. The Chair closed the arguments and did not ask the Board Members if they had any questions for the parties. There was no time allotted for examining witnesses or for presentation of evidence. The hearing was not an evidentiary hearing. Rohr objects on the grounds that Fact 15 is in error. Record facts: The property is located at 14 Oeoe St., Waiuli, Waiakea, Hilo, Hawaii, identified by Tax Map Key No. (3) 2-1-018:013. Rohr objects on the grounds that Fact 16 provides an inaccurate characterization of the building plans and the use of the property. Record facts: 14 Oeoe St. is not and has never been the Standkes' home. The Standkes live in California. Someone locally manages the short-term vacation rental. [Testimony of 11