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Home My WebLink About12-035.. County of Hawai'i WINDWARD PLANNING COMMISSION Aupuni Center.101 Pauahi Street.Suite 3 •Hilo.Hawai'j 96720 Phone (808)961-8288 •Fax (808)961-8742 _U6"5 1011 Mr.Kurt MacCarley 4470 Sunset Boulevard,#794 Los Angeles,CA 90027 Dear Mr.MacCarley: Use Permit Application (USE 12-000035) Applicant:Kurt MacCarley Request:4-Bedroom Bed &Breakfast Operation Within Existing 5-Bedroom Single Family Dwelling Tax Map Key:1-9-005:005 TheWindward Planning Commission,at its duly held public hearing on August 2,2012,voted to approve the above-referenced request to allow the establishment ofa four-bedroom bed and breakfast operation within an existing 5-bedroom dwelling situated on approximately 4.9 acres of land within the County's Single Family Residential (RS-20)zoned district.The property is located within the Ola'a Summer Lots Subdivision on Old Volcano Road adjacent to and west of the Volcano Post Office at Volcano,Puna,Hawai'i. Approval ofthis request is based on the following: The applicant requests a Use Permit to allow the establishment ofa 4-bedroom bed and breakfast operation within an existing 5-bedroom two-story single-family dwelling.The four (4) guest bedrooms are located downstairs,and one master bedroom is upstairs.Thebed and breakfast is currently in operation,and the applicant has filed this request to legitimize the operation.Although not clearly stated in the request,the applicant,who resides off-island,has indicated that the upper master bedroom is,and will continue to be,utilized by two operators during his absence.Parking is available on-site.As allowed under the code,only breakfast will be served to guests. Hawai'i COl/nty is all Equal Opportunity Provider and Employer Mr.Kurt MacCarley Page 2 In considering a Use Pennit for any proposed use,Rule 7 ofthe Planning Commission relating to Use Permits,requires that such action conform to the following guidelines: A.The granting ofthe proposed use shall be consistent with the general purpose ofthe zoned district,the intent and purpose ofthe Zoning Code and the County General Plan; B.The granting ofthe proposed use shall not be materially detrimental to the publicwelfare nor cause substantial adverse impact to the community's character or to surrounding properties;and C.The granting ofthe proposed use shall not unreasonably burden public agencies to provide roads and streets,sewers,water,drainage,school improvements,police and fire protection and otherrelated infrastructure. The four-bedroom bed and breakfast operation meets the guidelines for approval ofa Use Pennit for the reasons outlined below: The granting ofthe proposed use shall be consistent with the general purpose of the zoned district,the intent and purpose of the Zoning Code and the County General Plan.The Use Permit process provides an avenue to review and analyze a proposed project on a case-by-case basis relative to infrastructure and impacts on surrounding properties and existing uses,as well as consistency with the Zoning Code and the goals and polices ofthe General Plan.According to the Zoning Code,Single Family Residential districts "provide for lower or low and medium density residential use,for urban and suburban family life."This includes bed and breakfast operations, which are considered accessory or subordinate to the principal use ofthe property as a residence.Section 25-4-7 ofthe Zoning Code provides guidelines for bed and breakfast operations.Based upon the applicant's representation,the bed and breakfast operation meets the requirements ofthe Zoning Code,Section 25-4-7(b),regarding bed and breakfast establishments. Bed and breakfast accommodations provide an attractive alternative to hotels,and are popular with visitors to the island who seek a quieter,more authentic experience of local life.Bed and breakfast businesses provide an economic opportunity for County residents who can supplement their income by sharing their homes with visitors. Recognizing this benefit,Ordinance No.92 104 was originally passed by the County Council in 1992,requiring bed and breakfast operations to remain secondary to the principal use ofthe property as a residence.On residential zoned lands within a State Land Use Urban District,impacts from bed and breakfast operations can be properly addressed and mitigated through the approval ofa Use Permit. Mr.Kurt MacCarley Page 3 The General Plan designation for this area is Low Density Urban,which allows residential,with ancillary community and public uses and neighborhood and convenience-type uses.Only a small portion ofthe property near the Old Volcano Road is designated Medium Density Urban.This reflects the commercial use (post office) adjacent to the site.As the proposed bed and breakfast operation will be established within an existing single family dwelling,the use will not alter the appearance or character ofthe neighborhood.Furthermore,the proposed use complements the following goals,policies and standards ofthe Economic and Land Use elements ofthe General Plan: The granting ofthe proposed use shall not be materially detrimental to the public welfare nor cause substantial,adverse impact to the community's character or to surrounding properties.The property is located in the Olaa Summer Lots Subdivision.Properties in the vicinity are zoned RS-20,improved with single-family dwellings,with the exception ofthe property immediately adjacent to the east zoned CV- 10,site ofthe Volcano Post Office.The closest permitted B&B is located north ofthe property on parcel 15 on 01apalapa Road.As such,it is not anticipated that the approval ofthis bed and breakfast operation will have any adverse impact in the community or on other similar uses in the area. The granting of the proposed use will not unreasonably burden public agencies to provide roads and streets,sewer,water,drainage,school improvements, police and fire protection and other related infrastructure.Access to the subject property is from Old Volcano Road,a County roadway with a right-of-way of50 feet. The paved driveway is approximately 18 feet wide and there is adequate on-site parking for guests. Water is available from a catchment system.However,bottled water will be served to guests.Wastewater will be disposed ofinto an existing cesspool.Based on the above,it is not anticipated that the granting ofthe proposed request will unreasonably burden public agencies to provide additional improvements or infrastructure. Based on the above,the subject request to allow the establishment ofa four-bedroom bed and breakfast operation is approved by the Windward Planning Commission.Approval ofthis request is subject to the following conditions: 1.The applicant,successor or assigns shall be responsible for complying with all stated conditions ofapproval. 2.The applicant shall comply with all applicable requirements ofSection 25-4-7 of Chapter 25,Hawai'i County Code,(Zoning Code),relating to Bed and breakfast establishments. Mr.Kurt MacCarley Page 4 3.The bed and breakfast operation shall be limited to the use offour (4)bedrooms and a maximum of 10 guests. 4.The applicant shall provide bottled water for the guests ofthe bed and breakfast operation. 5.The applicant shall comply with all applicable County,State and Federal laws, rules,regulations and requirements. 6.Should any ofthese conditions not be met or substantially complied with in a timely fashion,the Director may initiate procedures to revoke this Use Permit. This approval does not,however,sanction the specific plans submitted with the application as they may be subject to change given specific code and regulatory requirements ofthe affected agencies. Should you have any questions,please contact Daryn Arai ofthe Planning Department at 961-8288. Sincerely, Zendo Kern,Chairman Windward Planning Commission lJnaccarleyuseI2~0003S~ cc:Department ofPublic Works Department ofWater Supply County Real Property Tax Division State Department ofHpllth Mr.Gilbert Bailado /