HomeMy WebLinkAbout97_005Stephen K. Yamashiro
Mayor
CERTIFIED MAIL
Z 095 323 843
JUL 2 3 1997.
Ms. Joan M. Earley
P.O. Box 597
Volcano, HI 96785
Dear Ms. Earley:
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PLANNING COMMISSION
25 Aupuni Street, Room 109 • Hilo, Hawaii 967204252
(808) %1.8288 Fax (808) 961-615
Use Permit Application (USE 97-5)
Applicant: Joan M. Earley
Request: Establishment of a Two -Bedroom Bed and Breakfast Operation
Tax Man Key: 1-1-920
The Planning Commission at its duly held public hearing on July 10, 1997, voted to approve
the above -referenced application. Use Permit No. 158 is hereby issued to allow the
establishment of a two-bedroom bed and breakfast operation within an existing dwelling
situated on approximately 20,000 square feet of land within the County Single Family
Residential (RS -20) zoned district. The property is located within Mauna Loa Estates at the
northeast corner of Ruby Avenue and Eighth Street at Volcano-Keaau, Puna, Hawaii.
Approval of this request is based on the following:
In considering a Use Permit for any proposed use, Rule 7 of the Planning
Commission relating to Use Permits, requires that such action conform to the following
guidelines:
A. The granting of the 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.
B. The granting of the 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.
C. The granting of the proposed use shall not unreasonably burden public
agencies to provide roads and streets, sewers, water, drainage, school
improvements, police and fire protection and other related infrastructure.
G72194
? 3 1397
Ms. Joan M. Earley
Page 2
The proposed two bedroom bed and breakfast operation meets the guidelines for
approval of a Use Permit, for the reasons outlined below.
The granting of the proposed use will 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 goals and policies of the
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 principle use of a residence. The County Zoning Code,
Section 25-4-7, provides guidelines for bed and breakfast operations. This section also
provides for a process in which an existing bed and breakfast operation can apply for plan
approval, a use permit or a special permit and operate as a non -conforming use until
September 1997, and upon issuance of applicable permits, be considered a permitted use.
In this particular situation, the applicant has been in operation since 1989 and is applying
for a Use Permit to conform to the Zoning Code requirements.
Bed and breakfast accommodations are becoming increasingly 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 incomes by sharing their homes with visitors. Recognizing this benefit,
Ordinance No. 92-104 was originally passed by the County Council in 1992 (with recent
amendments to the Zoning Code in 1996), to allow for bed and breakfast operations.
Restrictions and standards continue to focus on the use remaining secondary to the
principal use of the residence as a single-family dwelling. 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 securance of a Use Permit.
The applicant, Joan Earley, requests that she be allowed to operate a two-bedroom
bed and breakfast operation. She will reside within the existing three-bedroom dwelling
on the subject property. The proposed activities would complement and be accessory to
the use of the dwelling as a residence. No employees are anticipated to be hired.
Adequate utilities and services are available at the site. The property is approximately
20,000 square feet in size and landscaped, with a 1,340 -square foot dwelling that can
accommodate guests. No additional structures are anticipated to be constructed. There is
also a paved driveway and two paved parking stalls for guests.
The General Plan designation for this area is Low Density Urban Development,
which allows for single-family residential uses, ancillary community and public uses and
convenience -type commercial uses. As the proposed bed and breakfast operation will be
established in an existing dwelling, the uses should not alter the appearance or character
of the neighborhood. Although the bed and breakfast establishment would be open to the
public on a daily basis, reservations will be taken for guests through advertising and the
internet.
The proposed bed and breakfast operation would complement the following
policies of the General Plan:
Ms. Joan M. Earley
Page 3
Economic Element
* Economic development and improvements shall be in balance with the
physical and social environments of the island of Hawaii.
The County shall provide an economic environment which allows new,
expanded, or improved economic opportunities that are compatible with
- the County's natural and social environment.
The County of Hawaii shall encourage the development of a visitor
industry which is consistent with the social, physical and economic goals
of the residents of the County.
Land Use Element
The county shall encourage the development and maintenance of
communities meeting the needs of its residents in balance with the
physical and social environment.
The development of commercial facilities should be designed to fit into
the locale with minimal intrusion while providing the desired services.
Therefore, the proposed uses would operate within the parameters of being a
single-family residence, is consistent with the General Plan designation and is in keeping
with the policies of the General Plan.
The granting of the proposed use will not be materially detrimental to the public
welfare nor cause substantial, adverse impact to the community's character or to
surrounding properties. The surrounding uses in the area are in single-family residential
use. The existing dwelling can accommodate the proposed activity. Additional parking
areas to accommodate the bed and breakfast operation are available in addition to the
applicant's garage. The property has adequate landscaping to mitigate any possible visual
or noise impacts on the neighbors. Adequate public services and facilities are also
available to accommodate the proposed use.
The granting of the proposed use will not adversely affect similar or related
existing uses within the surrounding area, community, or region. The proposed uses will
be accessory to the main use of the property as a single-family residence and be in
keeping with the primary residential nature of the surrounding properties. There is one
other approved bed and breakfast establishment in the immediate vicinity which is run by
Tommy and Brenda Carlson. The Planning Commission approved Use Permit No. 123 in
1994 for three bedrooms. As the applicant has been in operation since 1989, it is not
anticipated that the approval of this bed and breakfast operation will affect 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, schools, police and fire protection and
other related infrastructure. The subject property is located on the corner of Eighth
Ms. Joan M. Earley
Page 4
Street and Jade Avenue with adequate quest parking on site. Both are private paved roads
which are maintained by Mauna Loa Road Maintenance. It is not anticipated that guests
of the bed and breakfast establishment will substantially increase traffic on the existing
roadways. Wastewater will be disposed of into an existing cesspool. The applicant
would be required to comply with all applicable agency requirements, including any
requirements of the Department of Health. Finally, agencies reviewing the request had
no objections to the establishment of the bed and breakfast operation at this location.
Approval of this request is subject to the following conditions. Should any of the conditions
not be met or substantially complied with in a timely fashion, the Director may initiate
procedures to revoke the permit.
1. The applicants, successors, or assigns shall be responsible for complying with all
stated conditions of approval.
2. Final Plan Approval shall be secured from the Planning Director in accordance
with the Zoning Code, Sections 25-2-72, 25-2-73 and 25-4-7, within six months
of the effective date of this permit. Plans shall identify existing and proposed
structures, driveway, landscaping, fire protection measures and evacuation plan,
paved driveway and two paved parking stalls (asphalt or concrete) and exterior
signs associated with the business.
3. The bed and breakfast business shall be limited to the use of two bedrooms.
4. The applicant shall comply with all applicable requirements as stated in the
Zoning Code, Section 25-4-7, regulating bed and breakfast establishments.
5. The applicant shall comply with all applicable laws, rules, regulations and
requirements of other affected agencies.
6. A final status report shall be submitted to the Planning Director upon compliance
with all conditions of approval.
7. An initial extension of time for the performance of conditions may be granted by
the Planning Director upon the following circumstances:
A. Non-performance is the result of conditions that could not have been
foreseen or are beyond the control of the applicant, successor, or assigns,
and that are not the result of their fault or negligence.
B. Granting of the time extension would not be contrary to the original
reasons for granting of the permit.
C. Granting of the time extension would not be contrary to the General Plan
or Zoning Code.
D. The time extension granted does not exceed the period originally granted
for performance (i.e., a condition to be performed within one year may be
extended for up to one additional year).
Ms. Joan M. Earley
Page 5
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 of the affected
agencies.
Should you have any questions, please feel free to contact Alice Kawaha or Susan Gagorik of
the Planning Department at 961-8288.
Sincerely,
�. k' n4
Kevin M. Balog, Chairman
Planning Commission
LEarle0LPC
cc: Department of Public Works
Department of Water Supply
County Real Property Tax Division
Kazu Hayashida, Director/DOT-Highways,.Honolulu