HomeMy WebLinkAboutCOM 0675.627 2022-2024 P/PCPuO
Siff (2(
COMM.C15
From: kathy koenig
Sent: Wednesday, November 6, 2024 10:45 AM
To: Council Testimony m„
Cc: kathy koenig;Walt Koenig
Subject: TAR Bill 121 Testimony
o-
Aloha Council Members, below please find our written testimony below for TAR BILL 121_
D4.
It's difficult to see a differentiation for"Owner-hosted" in any Agriculture district in light of
the Hawaii Supreme Court's decision stating no STVR on AG. The Land Use Committee
(LUC)was clear on its definition of farm dwelling. A single-family home on an AG lot IS a
farm dwelling. The second and subsequent structures are additional farm dwellings.
Hawai'i County Code Chapter 25 is also clear on definitions.
Perhaps the County Members' attorney and Planning Department attorney could confer
with the Hawaii Supreme Court for clarification.This TAR Bill 121 Draft 4 is creating
unenforceable standards.
Mahalo for your time.
Walter and Kathy Koenig
BILL 121 D4-TAR Testimony
The Supreme Court's decision stated no short-term vacation rentals on agricultural land.
There should be no difference in owner-hosted, operator-hosted, in-hosted transient
accommodation rentals.
CHANGE Sec 25-4-16.1, Owner-hosted transient accommodation rentals.
a)Where permitted. When the transient accommodation rental is subordinate and clearly
or customarily incidental to its use as the principal home of the owner, a transient
accommodation rental may be registered at any time subject to the following requirements
in the following districts.
1)V, CG, CN, CV, and CDH districts, including these districts situated within a project
district;
Comm. ",1
Ref. To:
Ref. Doha NOV - 8 2024
2)The transient accommodation rental shall be located in a single-family dwelling,
inclusive of a detached bedroom or guesthouse;
3)The transient accommodation rental shall not be permitted in a farm dwelling, an
additional farm dwelling,additional dwelling unit, or ohana dwelling; and
4)The owner shall live on the building site of the transient accommodation rental.
DELETE:
(for RA district) Section 12(a)(18) on D4, pg 21 Transient accommodation rentals, owner-
hosted
(for FA district) Section 13(a)(19) on D4, pg 22 Transient accommodation rentals, owner-
hosted.
(for A district) Section 14(a)(22) on D4, pg 24 Transient accommodation rentals, owner-
hosted.
WHY:
Bill 121 should have the same language for all types of transient accommodation rentals
on AG land. There should be no TAR on any AG land as stated in the Hawaii Supreme Court
decision.
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