HomeMy WebLinkAboutCOM 0675.576 2022-2024From:
Sent:
To:
Subject:
Donald Rudny
Monday, September 30, 2024 9:43 AM
Kimball, Heather; Kierkiewicz, Ashley; Kanealii-Kleinfelder, Matt; Galimba, Michelle M.;
Kagiwada, Jennifer; Inaba, Holeka; Lee Loy, Sue; Evans, Cynthia F.W.; Villegas, Rebecca;
Council Testimony
Rill 1?1
Aloha Honorable Council Members,
Given the recent ruling by the Hawaii Supreme Court (attached below) regarding the use of a d,tiNelling
unit as a short term vacation rental (STVR/TAR) in an Agricultural district, I believe it would be prudent to
revisit the allowance of guest houses in Ag districts as STVR/TAR's. Perhaps a review by Corporation
Counsel is in order. My understanding from communications with Council Chair Kimball is that a "guest
house" defined under HCC 25-4-9 is allowed in an Ag district and would be allowed for use as an
STVR/TAR because it is not considered a dwelling unit as defined by the County. Apparently, the lack of a
kitchen makes it so.
I believe the HSC rendered its opinion based on State law and the intent of the legislature. The State
definition of dwelling unit per HRS 521-8 states the following:
"Dwelling unit" means a structure, or part of a structure, which is used as a home, residence,
or sleeping place by one person or by two or more persons maintaining a common
household, to the exclusion of all others.
This appears to conflict with the County's definition. My understanding is that the County can only make
State law more strict, not less. Logic would also question why a guest house would not be considered a
dwelling unitjust because it doesn't have a kitchen. Most hotel rooms don't have kitchens, but people
do dwell in them.
In the HSC decision, it was recognized that the definition of farm dwelling was ambiguous, so the
legislative intent of HRS 205-4.5 needed to be better understood. Their finding was that, "Of the twenty-
four expressly permitted uses under HRS 205-4.5, of which farm dwellings are but one, none of them
resemble anything close to the type of transient accommodation that a short term rental is. A somewhat
comparable use is `agricultural tourism', which was not added until later and is only permissible in Maui
County." They further found that the underlying legislative purpose "is to protect land in the agricultural
district from being used for non-agricultural purposes."
Given this ruling, I believe it is likely that the HSC would find that allowance of a guest house, as defined
by the County, used as an STVR/TAR in an agricultural district to be in violation of HRS 205-4.5, as is a
"farm dwelling".
Mahalo for your time and consideration.
m
Pon Rudny
..O. Box 106
312-209-5870
F-I
SCAP-22-0000371
PIDIF Docurnent 485 KB