HomeMy WebLinkAboutCOM 0675.642 2022-2024 P/Pow°
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From: Cynthia Milani
Sent: Wednesday, November 6, 2024 9:16 AM
To: Council Testimony
Subject: TAR BILL 121 Draft 4- Written Testimony
Aloha Council Members,
Written Testimony:
It is difficult to see a differentiation for"Owner-hosted"in any Agricultural district in light of the Hawaiian Supreme Court
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.
Hawaii County Code Chapter 25 is also clear on definitions.
Perhaps the County Members'attorney and the Planning Dept Attorney could confer with the Hawaii Supreme Court for
clarification.
This TAR Bill 121 Draft 4 is creating unenforceable standards.
t-V, �r
Thank you for your time, -�
Cynthia Milani c..=°
Comm. i\po lX 5 1P 1-
Rd. To:
Req. Dare Al V - 8 2024
From: Cynthia Milani
Sent: Wednesday, November 6, 2024 10:26 AM
To: Council Testimony
Subject: Additional testimony
Please accept the following as additional testimony:
here should be no difference in the districts in which an Owner-hosted, Operator-hosted, and Un- Hosted
transient accommodation rental are permitted due to the Supreme Court's decision that no short term vacation
rentals on agriculture land.
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 districtssituated within a project district;
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)Transient accommodation rentals, owner-hosted.
• (for FA District)Section 13(a)(19)Transient accommodation rentals, owner-hosted.
• (for A District)Section 14(a)(22)Transient accommodation rentals,owner-hosted.
WHY:
The Hawaii Supreme Court decision said farm dwellings may not be used as short-term vacation rentals
under HRS chapter 205.
Bill 121 should have the same language for all types of transient accommodation rentals on AG land.
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