HomeMy WebLinkAbout97_017Stephen K Ymnashiro
AU'Yor _...r
CERTIFIED MAIL
Z 179 517 419
MAY 2 8 1998
Mr. and Mrs. Tim Mann
P.O. Box 430
Honokaa, HI 96727
Dear Mr. and Mrs. Mann:
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PLANNING COMMISSION
25 Aupuni Street, Room 109 • Hilo, Hawaii 967204252
(808) 961-8288 • Fu (808) 961-9615
Use Permit Application (USE 97-17)
Applicant: Tim and Jeannie Mann
Request: Establishment of Two Additional Bedrooms for the Existing Bed and
Breakfast Operation Within an Existing Dwelling and a Proposed Guest House
Tax Man Key: 4-5-16:55
The Planning Commission at its duly held public hearing on May 15, 1998, voted to reaffirm
their decision made at the September 26, 1997, meeting to approve the above -referenced
application, for the proposed guest house only. Use Permit No. 163 is hereby issued to allow
the establishment for the existing bed and breakfast operation (Luana Ola) within the proposed
guest house only, situated on approximately 77,829 square feet of land within the County
Single Family Residential (RS -7.5) zoned district. The property is located within Honokaa
Town off of Koa and Kawila Streets and approximately 330 feet north of Mamane Street,
Hamakua, 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 Rules of Practice and Procedures relating to Use Permits, and
Section 25-2-65, relating to the Criteria for granting a Use Permit, of Chapter 25
(Zoning Code), require that such action conform to the following guidelines:
(A) The granting of the proposed use shall be consistent with the general
purpose of the zoning district, the intent and purpose of the Zoning
Code, and the 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, to surrounding properties; and
GSC -77
MAY 2 8
1995
Mr. and Mrs. Tim Mann
Page 2
(C) The granting of the proposed use shall not unreasonably burden public
agencies to provide roads and streets, sewer, water, drainage, schools,
police and fire protection and other related infrastructure.
The applicants are requesting to allow two additional bedrooms for bed and
breakfast accommodations, one within one of the existing efficiency dwelling and the
other within a proposed guest house. There are four existing dwellings situated on the
same building site and the applicants reside in the main residence. The applicants
propose to attach and convert the existing guest house, consisting of approximately 400
square feet, as an addition to their main residence. It should be pointed out that
according to the Zoning Code only one guest house may be established on a building
site.
Inasmuch as the applicants' foregoing request, the approval of only the
proposed guest house for additional bed and breakfast use meets the guidelines for
approval of a Use Permit, for the reasons outlined below. It should be pointed out that
in July, 1997 the Planning Commission issued Use Permit No. 157 to the applicants to
use one of the two existing efficiency dwellings for the existing bed and breakfast
operation. However, the Commission denied the use of the other existing efficiency
dwelling for the bed and breakfast use as it was not consistent with the bed and
breakfast standards of the Zoning Code.
The granting of the proposed use shall be consistent with the general purpose of
the zoning district, the intent and purpose of the Zoning Code, and the General Plan.
According to the Zoning Code, Single Family Residential districts "provide for low
density residential area, for urban and suburban family life." Single-family dwellings,
family care homes, neighborhood parks, and "buildings and uses normally considered
directly accessory to the above permitted uses" are permitted in this district. The
subject property is designated Single Family Residential with minimum lot size of
7,500 square feet (RS -7.5). It consists of approximately 77,829 square feet and;
therefore, with the RS -7.5 zoning a maximum of 10 dwellings may be permitted on the
property, provided that the minimum setback yards and other requirements of the
Zoning Code and affected agencies are met.
Bed and breakfast accommodations have increasingly become a part of a
worldwide trend towards alternative lodging sites in residential areas such as this
particular location. They are becoming popular for visitors who seek a more localized
and authentic experience in a home -type setting. The County has recognized this trend
and the Zoning Code, Section 25-4-7, provides guidelines for establishing bed and
breakfast operations. On Single Family Residential zoned lands within a State Land
Use Urban district, impacts from the proposed bed and breakfast use can be properly
addressed and mitigated through the Use Permit.
The Zoning Code defines Bed and Breakfast Establishment as "a single-family
dwelling, including a single guest house, in which overnight accommodations and only
breakfast meals are provided to a maximum of ten guests, for compensation, for
periods of less than thirty days. Section 25-4-7 of the Zoning Code, relating to Bed
and Breakfast establishments, states that "A bed and breakfast establishment may be
permitted in the RS districts provided that a use permit is obtained for each such use
and that plan approval for each such use has been secured from the director." Besides
Mr. and Mrs. Tim Mann
Page 3
other restrictions and standards for bed and breakfast establishments, this section
further states that "The bed and breakfast establishment shall be accessory and
subordinate to the principal use as a residence by its owners or lessee" and that "The
bed and breakfast establishment may be located within a single-family dwelling unit
and a guest house, pursuant to section 25-4-9, on a building site." The Zoning Code
defines Guest House as "an accessory building used as sleeping quarters for guests of
the occupants of the main dwelling and having no cooking facilities. " It should be
pointed out that Section 25-4-9, relating to Guest Houses, states that "One guest house
may only be established on a building site that is at least seven thousand five hundred
square feet in area. A guest house shall not exceed five hundred square feet in gross
floor area, shall not be more than twenty feet in height, and shall not have a kitchen."
As previously noted, the applicants reside within the main residence, one of the
four existing dwellings located on the same building site. The applicants propose to
attach and convert the existing guest house, consisting of approximately 400 square
feet, as an addition to their main residence, thereby removing the use as a guest house.
A condition of approval will be included to require that the applicants comply with the
guest house conversion as only one guest house may be established on a building site.
The bed and breakfast use will occur in a new proposed guest house, in addition to the
already approved one existing efficiency dwelling, and would be accessory and
subordinate to the principal residential use of the property by the applicants. The
applicants will be operating the bed and breakfast establishment and anticipate to hire a
housecleaner and a landscaping maintenance person. There is an existing parking area
that can accommodate the guests at the proposed guest house. Thus, the use of the
proposed guest house for additional bed and breakfast accommodations will be
consistent with the intent and purpose of the Zoning Code for the Single Family
Residential zoned district.
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. The bed and breakfast use within the proposed
guest house would complement the following goals and policies of the General Plan.
Economic Element
* Provide residents with opportunities to improve their quality of life.
* 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 strive for an economic climate which provides its
residents an opportunity for choice of occupation.
* 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.
Mr. and Mrs. Tim Mann
Page 4
Land Use Element
Designate and allocate land uses in appropriate proportions and mix and in
keeping with the social, cultural, and physical environments of the County.
The County shall encourage the development and maintenance of communities
meeting the needs of its residents in balance with the physical and social
environment.
Therefore, the requested bed and breakfast use would operate within the parameters of
being single-family residential in character, is consistent with the General Plan
designation and is in keeping with the goals and policies of the General Plan.
The Northeast Hawaii Community Development Plan (CDP) and the Honokaa
Urban Design Plan and its Land Use Concept Map reflect the maintenance of single
family residential uses at the subject property and surrounding area.
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. The bed and breakfast use has been established on the subject
property since June 1994, nearly 3 years ago. An additional studio -type unit bed and
breakfast accommodation will be established within the new proposed guest house
which should not alter the appearance or character of the single family residential
neighborhood. The bed and breakfast establishment would be open to the visitors on a
daily basis. The surrounding uses in the area are primarily in single family residential
uses. The subject property has adequate landscaping to mitigate any possible visual or
noise impacts on the neighbors. There are adequate public services and utilities
available to accommodate the bed and breakfast use.
The granting of the proposed use shall not unreasonably burden public agencies
to provide roads and streets, sewer, water, drainage, schools, police and fire protection
and other related infrastructure. Kawila Street leads to the first efficiency dwelling and
the proposed guest house site, and a private driveway easement off of the end of
Kawila Street leads to the second efficiency dwelling, which is presently used for the
bed and breakfast operation. Kawila Street is a County road and has an approximate
10 -foot wide pavement (in poor condition), with varying 1 to 5 -foot wide grass
shoulders, within an approximate 30 -foot right-of-way. The Department of Public
Works has expressed that the minimum acceptable two-way vehicular traffic pavement
width should be 16 feet, poor sight distance occurs at the end of Kawila Street and that
safe vehicular turnarounds in the parking areas should be provided. However, there
will be no recommendations for roadway improvements for the proposed guest house
for the bed and breakfast use as it will contain a studio -type unit for no more than two
guests and as such, the potential for a minimum one car traffic. County water service
is currently available to the subject property. Wastewater system for the proposed
guest house will meet the Department of Health's requirements. All other essential
utilities and facilities are available to support the requested use.
Based on the above considerations, the proposed guest house for additional bed
and breakfast use is hereby approved, in addition to the already approved one
efficiency dwelling.
Mr. and Mrs. Tim Mann
Page 5
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.
The applicants, successors, or assigns shall be responsible for complying with
all stated conditions of approval.
2. Prior to Final Plan Approval for the new proposed guest house for bed and
breakfast use, Final Building Inspection shall be secured from the Department
of Public Works for the structural attachment and conversion of the existing
guest house to be as an addition to the applicants' main residence.
Construction of the proposed guest house shall be completed within two (2)
years from the effective date of this permit. Prior to commencing construction,
Final Plan Approval for the proposed guest house for bed and breakfast use
shall be secured from the Planning Director in accordance with the Zoning
Code, Section 25-2-72, 25-2-73 and 25-4-7. Plans shall identify existing and
proposed structures, landscaping, fire protection measures, driveway and one
gravel parking stall, and exterior signs associated with the business.
4. The bed and breakfast business on the building site shall be limited to the use of
two (2) bedrooms, one within the proposed guest house and the other within the
approved efficiency dwelling.
5. Comply with all applicable requirements as stated in the Zoning Code,
Section 25-4-7, regulating bed and breakfast establishments.
6. A written final status report shall be submitted to the Planning Director upon
compliance with all conditions of approval.
7. Comply with all applicable laws, rules, regulations and requirements of other
affected agencies for approval of the use, including the Department of Water
Supply, Department of Public Works and the Department of Health.
If the applicant fails to comply with the conditions of approval or is unable to
resolve any public complaint(s), the Planning Director shall investigate and, if
necessary, enforce the appropriate conditions. The Planning Director may, as
part of any enforcement action, refer the matter to the Planning Commission for
review. Upon appropriate findings by the Planning Commission, that the
applicant has failed to comply with the conditions of approval or has caused an
unreasonable adverse impact on surrounding properties, the permit may be
suspended or revoked.
9. An initial extension of time for the performance of conditions within this permit
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.
Mr. and Mrs. Tim Mann
Page 6
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).
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.
The denial for the existing efficiency dwelling for use as a Bed and Breakfast operation is
based on the following findings:
In considering a Use Permit for any proposed use, Rule 7 of the Planning
Commission Rules of Practice and Procedures relating to Use Permits, and
Section 25-2-65, relating to the Criteria for granting.a Use Permit, of Chapter 25
(Zoning Code), require that such action conform to the following guidelines:
(A) The granting of the proposed use shall be consistent with the general
purpose of the zoning district, the intent and purpose of the Zoning
Code, and the 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, to surrounding properties; and
(C) The granting of the proposed use shall not unreasonably burden public
agencies to provide roads and streets, sewer, water, drainage, schools,
police and fire protection and other related infrastructure.
The applicants are requesting to allow two additional bedrooms for bed and
breakfast accommodations, one within one of the existing efficiency dwelling and the
other within a proposed guest house. There are four existing dwellings situated on the
same building site and the applicants reside in the main residence. The applicants
propose to attach and convert the existing guest house, consisting of approximately 400
square feet, as an addition to their main residence. It should be pointed out that
according to the Zoning Code only one guest house may be established on a building
site.
Inasmuch as the applicants' foregoing request, the approval of the existing
efficiency dwelling for the bed and breakfast operation will not meet one of the
guidelines for approval of a Use Permit, for the reasons outlined below.
Although the granting of the proposed use will be consistent with the General
Plan, it will not be consistent with the general purpose of the zoning district and the
intent and purpose of the Zoning Code. According to the Zoning Code, Single Family
r
Mr. and Mrs. Tim Mann
Page 7
Residential districts "provide for low density residential area, for urban and suburban
family life." Single-family dwellings, family care homes, neighborhood parks, and
"buildings and uses normally considered directly accessory to the above permitted
uses" are permitted in this district. The subject property is designated Single Family
Residential with minimum lot size of 7,500 square feet (RS -7.5). It consists of
approximately 77,829 square feet and therefore, with the RS -7.5 zoning a maximum of
10 dwellings may be permitted on same building site, provided that the minimum
setback yards and other requirements of the Zoning Code and affected agencies are
met.
The Zoning Code defines Bed and Breakfast Establishment as "a single-family
dwelling, including a single guest house, in which overnight accommodations and only
breakfast meals are provided to a maximum of ten guests, for compensation, for
periods of less than thirty days." Section 25-4-7 of the Zoning Code, relating to Bed
and Breakfast establishments, states that "A bed and breakfast establishment may be
permitted in the RS districts provided that a use permit is obtained for each such use
and that plan approval for each such use has been secured from the director." Besides
other restrictions and standards for bed and breakfast establishments, this section
further states that "The bed and breakfast establishment shall be accessory and
subordinate to the principal use as a residence by its owners or lessee" and that "The
bed and breakfast establishment may be located within a single-family dwelling unit
and a guest house, pursuant to section 25-4-9, on a building site." The Zoning Code
defines Guest House as "an accessory building used as sleeping quarters for guests of
the occupants of the main dwelling and having no cooking facilities." It should be
pointed out that Section 25-4-9, relating to Guest Houses, states that "One guest house
may only be established on a building site that is at least seven thousand five hundred
square feet in area. A guest house shall not exceed five hundred square feet in gross
floor area, shall not be more than twenty feet in height, and shall not have a kitchen."
In accordance with the foregoing provisions of the Zoning Code, the bed and
breakfast establishment may be located within a single-family dwelling unit and a guest
house on a building site. It should be pointed out that in July 1997, the Planning
Commission issued Use Permit No. 157 to the applicants to use one of the two existing
efficiency dwellings for the existing bed and breakfast operation. However, the
Commission denied the use of the other existing efficiency dwelling for the bed and
breakfast use as it was not consistent with the bed and breakfast standards of the
Zoning Code. Therefore, the existing bed and breakfast use within the existing
unapproved efficiency dwelling was to immediately cease and desist. The applicants
have other alternatives such as renting the existing efficiency dwelling on a long-term
basis. Further, as previously pointed out, the subject property consists of
approximately 77,829 square feet and, therefore, with the RS -7.5 zoning a maximum of
10 dwellings may be permitted on the same building site, provided that the minimum
setback yards and other requirements of the Zoning Code and affected agencies are
met. Thus, the applicants' request to use the existing efficiency dwelling for the bed
and breakfast accommodation will not be consistent with the intent and purpose of the
Zoning Code for the Single Family Residential zoned district.
Based on the above considerations, the request to use the existing efficiency
dwelling for additional bed and breakfast use on the subject property is hereby denied.
Mr. and•Mrs. Tim Mann
Page 8
As stated in Rule 7-9 of the Planning Commission Rules of Practice and Procedure, "The
Commission's decision is appealable to the Board."
Please be advised that pursuant to Rule 8-3 of the Board of Appeals Rules of Practice and
Procedure, "An appeal from the decision of the Director, the Commission, or the Chief
Engineer shall be filed within thirty days after the decision."
Should you have any questions, please feel free to contact Alice Kawaha or Susan Gagorik of
the Planning Department at 961-8288.
Sincerely,
Kevin M. Balog,Crairman
Planning Commission
LMannO TC
cc: Department of Public Works
Department of Water Supply
County Real Property Tax Division
Kazu Hayashida, Director/DOT-Highways, Honolulu
Department of Health
Fire Department