HomeMy WebLinkAboutCOM 0739.072 2016-2018I
My name is Charla.
COUNTY CLERK
COUNTY OF HAWAI®'I
RECEIVED
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Date Miz Q7-'
I don't live in a resort. I don't live in a -resort area,for a reason. I don't wish to. The Big Island has
been my home for 33 years. I have lived in my quiet neighborhood for 12 years.
I survived a stage IV cancer in the peace and quiet of this house and have managed to stay in remission
by managing the stress in my life. Those were Dr's orders.
Now, my neighbor rents his 3 bdrm house, with pool and hot tub, as a vacation rental. There is a .
constant stream of, typically three families at a time. Often without a rest day in between. The resort
has moved next to me.
The vacation rental ad advertises 9 occupants can fit into his 3 bdrm dwelling, once they pull-out
couches, futons, and who knows what else are utilized. A few days ago, I counted 12 occupants on his
patio and in the pool shortly after 6:00 am.
There is not a single place in my home or yard where I can escape their disruptive yelling around the
pool, or drunken laughter in the hot tub. One family's review of his property read," the kids can play in
the pool morning, noon and night". They did, and they do.
Since the vacationers often live their non -vacationing lives in the mid west or east coast, I've been
awoken at 4:30 am, had kids yelling and hollering in the pool by 6:00am, and sometimes, have adults,
sometimes drunk, laughing and talking loudly in the hot tub until midnight.
I cannot sleep until they decide to go to bed. I am forced to awaken when they get up. I often have to
leave my own house to escape the agitation.
I work at home and am the main provider for my family. I am sleep deprived, exhausted and
depressed. I am no longer the positive, hopeful person that fought my cancer. If it were to return, I feel
I have no hope to survive it. I now have shingles, a sign that I am not handling this stress well.
Some of you in this room have had the diagnosis yourselves, or been a care -giver to someone with a
Iife threatening diagnosis, You understand exactly what I am talking about. Dru, I know you
understand this. I knew your aunt and uncle.
I don't want to move because of this. I love my home. But I have no choice, If my health continues to
be threatened. But, having a short term rental next door, brings my property value down and harder to
sell. No one would choose to have these disruptions. Not even another vacation rental!
I've read Bill 108 and the communication with its amendments, and, although I am not a lawyer, I
know enough to be disappointed that the January 20, 2018 date regarding compliance with the tax
laws, has been extended to July 20, 2018. If they are not in good standing now, it reveals their lack of
character, which has been defined in "doing the right thing when no one is watching". Why provide an
out for the offenders to pay up go on, "business as usual"?
2. SECTION 2 of Bill No. 108, section 25- 4-. 1 is amended by amending subsections
a), ( b), and (c) to read as follows:
a) The owner or operator of any short-term vacation rental which operated outside of
Comm. No.
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permitted zoning district prior to [ January 20, 2018] July 20, 2018 shall obtain a
nonconforming use certificate issued by the director no later than .one hundred
eighty days after the effective date of this ordinance.
b) Good standing. The applicant seeking a short-term rental nonconforming use
certificate shall have the burden of proof in establishing that the property was in
use and in good standing prior to [ January 20, 2018.] July 20, 2018. Evidence
of prior use that shall be provided to the director may include tax documents for
the relevant time period, including: State of Hawaii general excise tax filings;
2
transient accommodations tax flings; and federal and State of Hawaii income
tax returns. Other reliable information may also be provided. Based on the
evidence submitted, the director shall determine whether to issue a short-term
vacation rental nonconforming use certificate for the short-term vacation rental.
Why is there no mention of those who are not paying their correct property taxes, pretending
to live in the residence they are renting. They are in violation and should be prevented from
obtaining a vacation rental permit. I think that point should be added to the, bill without the
opportunity to pay the back taxes and penalty fees by July 20, 2018.
This is what I would like to see in Bili 108:
1. Limit the vacation rentals to resort districts. Or allow for neighbor's rights to push back.
Bed and Breakfast houses, by nature a quiet establishment, are required to give a notice to
the neighbors that would be affected by their activities., How is it that a short term vacation
rental, which is much noisier and intrusive, does not have to do the same thing? Home
owners need to'have the ability to object to having a commercial business (a small hotel)
just 15 feet away.
2.If the vacation rental owner has failed to file for the correct taxes (GET, TAT, income tax and
property tax) in the past calendar year, they should not be issued a short-term rental
nonconforming use certificate.
3. No grandfathering in. Just because someone started renting in late 2017, doesn't mean
they can run a small hotel in a residential neighborhood.
We moved to the Big Island because of it's Aloha. That Aloha is quickly dissipating as these
visitors show no respect or consideration. As the last guest told me, " We're on vacation and
are paying a lot of money to be here. Take it up with the owner'. The owner essentially
threatened to make my life miserable. He has a "cash cow", and in a not so nice way, told me
he simply didn't care.
Charla Thompson
76-872 to Kualua Place
Kailua Ilona, HI 96740
4-17-18
To The County Council of Hawaii:
Please read this testimony I am writing, during the public hearing concerning Vacation Rentals on the Big Island, to
give testimony against the growing problem of people using residential area homes as short-term rental properties
through VRBO, AirBnB and other sites, turning residences into small hotels.
I am a single mom, and a survivor of an aggressive cancer with -some resulting physical disabilities. I am unable to
be there to read this in iperson.
I, my 9 yr old daughter and 13 yr old son live next door to a vacation rental in a once quiet cul de sac in an older,
large Kona subdivision, where I -built my home. My subdivision is, supposedly, "single family " residences.
Here are my concerns:
1. There is a constantly changing stream of strangers, sometimes 3 car loads of them, residing next door. I am
fearful for the safety of my chlldren and don't Feel comfortable with them being outside, around my home or
walking in the neighborhood, at any time of day.
2. The Vacationing guests may drink heavily, are often very noisy and may also drive recklessly through the
neighborhood.
3. There is no on-site property manager and the owners don't answer or return my calls when I have a concern or
complaint.
4. They leave mounds of rotting garbage in the driveway adjacent to my home, attracting rats and flies.
5. If I decide that I must move, meaning, change my place of residence, to rectify this undesirable environment, I
may have trouble selling my house, because, who would want to move into the situation I am now in? My property
value is. devalued as a direct result of the vacation rental.
It was never my intention to live next to a small hotel. It, instead, moved next to me. My health, in fact, my life,
and the safety and well-being of my children are at stake.
We are not zoned "commercial". Yet, my absent neighbors are, in essence, running a commercial business in a
residential area, that is harmful to the residents in that neighborhood. How is this okay?
I would like to see legislation to:
1. Keep vacation rentals in the resort areas or be made to obtain a revocable permit, with the permission of those
neighbors that would be affected by their business, not unlike what a regular Bed and Breakfast has to do.
2. No "Vacation Rental" should be "grandfathered in", automatically granted this "special use" permit, so that the
families already suffering from their (vacation rental guest's) behavior, have the option of not having to wove, to
regain their safe and peaceful existence. All would, in other words, have to apply for the permit, meet the
requirements and abide by the restrictions.
3. Vacation rentals have only recently become the issue they are now. My CC& R's never had to consider them as
a possible problem when they were conceived. Thus the CC&Rs read, " single family", and don't specify "minimum
30 day" rental. Therefore, "single family" in older CC&Rs, should automatically be translated as "minimum 30 day
rental", meaning NO short term rentals.
The integrity of our living places and "Aloha spirit" in our subdivisions at serious risk. We want to live with ohana
and extended ohana in our neighborhoods, and not a revolving door of strangers.
Sincerely,
Barbie Carter. 73-4351Malaio Place, Kailua Kona, HI 96740
To The County Council:
Thank you for taking the time to hear the voices of our community on the matter of Short -Tenn
Vacation Rentals in our County, and how it effects the full-term residents of our communities.
I have been a resident of Hawai'i for 33 years. Being a part of this community teaches you the true
meaning of aloha. It teaches you how to -be a part of a community, how to be a good neighbor, and
how to be gifted an extended family you never -knew you had.
I feel our neighborhoods shifting as of late, as we have gone from fewer and fewer full-time rentals,
to more and more short-term vacation rentals. Our sense of community is disappearing. We now
live next to a rotating door of full time vacationers, people that generally have no regard for the
people living next door who are living their everyday life. Our neighborhoods are starting to feel like
resort areas. And my family did not buy a home in a residential neighborhood intended for single
family dwelling to live next to a resort; more the opposite.
I have used Airbnb as a traveler, and have enjoyed it. I have always been a respectful tenant, both
of the owner/house and of the neighbors. I know several friends and families that rent portions of
their homes here on island as short-term rentals. In most of these instances, the owner lives on
property, only renting a portion of their house or ohana. They are excellent hosts, guides and
managers that do a great job at making sure the neighborhood is still respected. When management
is on premises, you typically deal with a very different type of vacationer than when a short-term
renter has the entire house to themselves.
In my situation, our neighbor the owner does not live on the property, or ask his renters to be
considerate in regard to their noise level. All he cares about is renting as often as possible, to
sometimes groups over 10 people, and keeping the money coming in, regardless of its effect on our
neighborhood. This changes the environment in the once tranquil, residentially zoned neighborhood
my family worked so hard to purchase a home in.
I understand that full-time renters can be just as disruptive, loud, and disrespectful at times. But with
full time neighbors, there is an opportunity to foster relationships and build a common courtesy for
each other. New neighbors every week, in the "I'm on vacation" mentality, is very different from a
neighbor going about their day to day life.
I also understand that home owners have less legal protection from full-time renters vs short-term
renters. This is a separate issue that also needs to be addressed, but not in regard to this Bill.
Though my family owns the home we live in, I have looked into renting in different neighborhoods.
The price of rent has risen to astronomical rates since the short-term rental craze gripped the
islands. Families who live here full time struggle to provide a nice home for themselves and make
ends meet. 1 am not being naive to the growth of tourism. on this island regardless of short -tern
rentals, but do feel that it contributes to the high cost of renting. I'd like to see the price of rent fall to
where the residents of Hawaii can be as comfortable as it's vacationers.
I would like to see the end of short-term rentals such as Airbnb and VRBO when a property in a
residential neighborhood is being used solely as a vacation rental and an owner or manager does
not live on property. I would like to see zoning intended for single family dwelling to remain as such.
i don't approve any grandfathering, and i stand against the loophole this Bill proposes of simply
paying the county for a permit to rent a property as a short-term rental in a restricted area without
consent of the neighbors in said neighborhood. Is this simply about making more money for the
county, or a genuine concern for our neighborhoods, for the sake of our communities?
Thank you for taking the time to hear me.
Heather Carvalho 176-872 to Kualua Pl. Kailua Kona HI 96740 1808.364.7542 1 April 24, 2018
Rick Thompson
76-872 Io Kualua Pl.
Kailua Kona, HI 96740
808 987 5352 Testimony on Bill 108
I am here today to give testimony against the growing problem of short-term vacation rentals in residential zoned
areas, turning homes into small hotels. Frankly, I lack the sophistication of understanding all the zoning codes, rules,
etc., but I do hope to influence the final reading of the Bill which right now appears too lenient toward operators and
punishing toward residential homeowners who have no push back.
My story is about the consequences of short-term rentals in residential areas, which could be told by hundreds of other
homeowners with a similar story. Twelve years ago, after having lived here for 20 years in apartments, we bought a
lot and built our first home. We looked for a quiet neighborhood to build where we could have relative peace and
quiet in our "dream home" we worked so hard to be able to afford. We thought we had succeeded in our RA zoned
half acre lot and neighborhood. Now after 33 years on the Big Island our dream has become a nightmare.
Our neighbor decided to move out of his home and use it as a short-term vacation rental. We now live next to what
amounts to a small hotel with a pool and hot -tub, jammed with up to 12 or more people in a three bedroom home built
for "single family residence," all a mere 15 feet away by setback from our bedroom windows. Do you know what it is
like when two or three families get together on vacation in Hawaii with these amenities? Screaming kids in the pool
as early as 6am and a party atmosphere every night often till later than l Opm. This vacation rental has only been
vacant for four days this year. Thus we have to constantly listen to the splashing, laughing, loud (often alcohol fueled)
conversation and the coming and going of sometimes three SUVs going by our house at all hours,
This is what hotels and resort areas are for. They are designed for this kind of activity. We and our other neighbors
bought or built our homes in good faith in a quiet residential neighborhood designed for single family residences.
County code defines "single family" as related by blood, marriage or adoption, or 5 not so related persons. This is
constantly violated by the owners. This is not fair and it is not right to subject us to the level of noise and activity that
should be reserved to a resort. Long-terin rentals are fine, but short -tern is nothing but a business/small hotel
established in a residential neighborhood where the owner does not have to bear the burden of the disruption and
annoyance of the transient vacationers. They don't live there and have to listen to it. They just collect the cash.
In my circumstance, I have a wife battling stage 4 cancer. She has trouble sleeping and needs to be in a stress -free
envirorunent. Her health is now suffering. This will also effect the value of our property as people looking for a nice
home will not want to live next to a hotel.
We do not want to sound like selfish elitists who are somehow entitled to a pristine and silent environment. But, there
is a vast difference between the disruption produced by permanent neighbors accountable to the neighborhood and the
noise which comes with multiple families on vacation accountable to no-one. We are not against people renting a
room in their home, trying desperately to pay their mortgage. We are against owners who do not care about their
neighbors and are in this just to make a buck. They do not have to deal with the disruption. My neighbor could not
care less about the impact on us. He actually told us this to our face.
At the very least, these vacation rental businesses in residential zones should be required to get approval from
neighbors within 500 feet who are impacted by the disruption before permits are issued by the county. This is a
requirement for various other business and development uses. Affected homeowners need a voice.
In addition, those who have been knowingly operating their business illegally should not get a pass to continue with a
more fine or promise to comply. The bill mentions GET, TAT and income tax. I did not see anything in the bill about
Property Tax. My former neighbor has been renting his home short and long-term without being in residence for
approximately five years. I checked his property tax records and he has never re -characterized his property tax status
as income property or lost his homeowners exemptions, including age exemptions which is required by law.
Areas zoned Residential should stay residential. I urge the Council to stand up for the rights of the thousands of
homeowners wanting to live in dignity and peace over the rights of the few wanting to make a quick buck at the
expense of their neighbors and the Aloha Spirit.
April 23, 2018
Margaret A Campbell
74-4889 Palani Rd.
Kailua-Kona, Hl 96740
808 987 3551
RE: NR Bill 108
Dear Hawaii County Council,
My husband Bruce and I have been Hawaii residents since 1979. In 1990, we moved to Kona from Oahu.
Our 4 sons attended local schools here in Kona. Bruce is the founding pastor of Grace Community
Church on Palani Rd. Our home is across the recreational field from the church. Our home is on a 1/2
acre, and the surrounding homes are at least 140 yards away from ours, with foliage in-between. Our
AirBnB guests have been very well-behaved, and we doubt that our neighbors even know when we have
guests. Our church leadership has been very positive about our home sharing.
Our 1 bedroom'ohana is under the same roof as our main house. I used it for my home office while our
sons were still living here, but they didn't return home after college, so have since moved my office into
our main house. We need to keep the 'ohana available for visits from our family and other guests. We
did rent it out to a young woman for a few years, but it is not optimal for long term renting because it
wasn't available when we needed it for our guests. I doubt we would rent it full-time in the future.
I am deaf and have cochlear implants. My hearing issues restrict me from working at a large variety of
jobs. Being able to rent our'ohana is an optimal way for me to help supplement our income. It's a lot of
work, corresponding with our guests and keeping up with cleaning and maintenance, but is perfect for
my disability restrictions.
Our AirBnB guests have been phenomenal, and it's been a joy to meet great people from around the
globe these past 2'/2 years. We offer a very clean space with beach items & other amenities that our
guests really appreciate. It's a joy to share our park -like setting with them, and have had several repeat
guests, giving them an opportunity to see Hawaii from a local perspective.
We have collected and paid both the Hawaii GET & TAT taxes from each of our guests from the start in
November 2015, and paid income tax on our earnings. Next year my husband will be retiring, and we are
counting on our Home Sharing income to help pay our mortgage.
Please especially continue to allow Kona residents to share their homes. For many of us, it will make a
difference -in whether or not we'll be able to stay in our homes after retirement.
Respectfully submitted,
kle"74 �1V� �*
Margaret A Campbell