HomeMy WebLinkAbout97_020Stephen IC. Yamaghiro
Mayor
CERTIFIED MAIL
Z 179 517 336
t NOV 2 C. 1997
QLITU II �2t Vail
PLANNING COMMISSION
25 Aupuni Stmt, Room 109 • Hilo, Hawaii 96720.4252
(808) 961.8286 Fax (808) 961.9615
Mr. Eric Aaron Lighter
Credit Bureau International Trust
P.O. Box 2556
Honolulu, HI 96804
Dear Mr. Lighter:
Use Permit Application (USE 97-20)
Applicant: Credit Bureau International Trust
Request: Establishment of an Existing Three -Bedroom Bed and Breakfast Operation,
One Within an Existing Dwelling and an Existing Two -Bedroom Guest House
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The Planning Commission at its duly held public hearing on November 13, 1997, voted to
approve the above -referenced application. Use Permit No. 171 is hereby issued to allow the
establishment of an existing 3 -bedroom bed and breakfast operation, one within the existing
dwelling and an existing 2 -bedroom guest house, within the County Single Family Residential
(RS -20) zoned district. The property is located within Mauna Loa Estates on the north side of
Second Street approximately 100 feet from its intersection with Ruby Avenue, 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.
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Mr. Eric Aaron Lighter
Page 2
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.
The proposed three-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 polices 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 the property as a residence. The County Zoning
Code, Section 25-4-7, provides guidelines for bed and breakfast operations. 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 is requesting that he be allowed to continue to operate an existing
3 -bedroom bed and breakfast operation, one within the existing dwelling and an existing
2 -bedroom guest house on his property. The operator resides within the existing
dwelling. The proposed activities would complement and be accessory to the use of the
dwelling as a residence. No employees are anticipated to be hired, however, outside
independent contractors may be used for cleaning and grounds maintenance. Adequate
utilities and services are available at the site. The property is approximately 20,000
square feet in size and landscaped, with a 1,261 -square foot dwelling and 480 -square foot
guest house that can accommodate guests. No additional structures are anticipated to be
constructed. There is also a concrete/gravel driveway and four gravel 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 and guest house, 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
through advertising and referrals.
Mr. Eric Aaron Lighter
Page 3
The proposed bed and breakfast operation would complement the following
policies of the General Plan:
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 use 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 vacant or single-family
residential in nature. The existing dwelling and guest house can accommodate the
proposed activity. A parking area to accommodate the bed and breakfast operation is
available on the site. 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 proposed use 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. The applicant has been in operation since 1989, and it is not
anticipated that the approval of this bed and breakfast operation will affect other similar
uses in the area. There are two approved bed and breakfast establishments in Mauna Loa
Estates including an operation run by Tommy and Brenda Carson who secured Use
Permit No. 123 (TMK: 1-1-8:112) in 1994 for three bedrooms. The Carson's bed and
breakfast operation is located in Mauna Loa Estates on Sixth Street in the vicinity of
Pearl Avenue. Another nearby bed and breakfast establishment is operated by Joan
Earley, who secured Use Permit No. 158 (TMK: 1-1-9:20) in July 1997 for
two -bedrooms. This bed and breakfast is located on the corner of Ruby Avenue and
Eighth Street.
Mr. Eric Aaron Lighter
Page 4
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 Second Street, with
adequate guest parking on site. Second Street is a private road with an approximate 20
feet 5 inch wide pavement and 3 -foot grass shoulders and is maintained by the Mauna
Loa Road Maintenance Association. It is not anticipated that guests of the bed and
breakfast establishment will substantially increase traffic on the existing roadways.
Water is provided by a catchment system; however, drinking water shall meet the
Department of Health standards. Wastewater will be disposed of into an existing
cesspool. According to the Department of Health, there is no record that a cesspool was
installed on this site, and the applicant would be required to file an existing cesspool
information card completed by a licensed engineer or licensed contractor. The applicant
would be required to comply with all applicable agency requirements, including any
requirements of the Department of Health and Department of Public Works. Finally,
agencies reviewing the request had no objections to the establishment of the bed and
breakfast operation at this location.
Based on the above, it is determined that the request to allow the establishment of
an existing 3 -bedroom bed and breakfast operation,_ one within the existing dwelling and
an existing 2 -bedroom guest house on the subject property be approved.
Approval of this request is subject to the following conditions. Should any of the conditions
not be met or substantially complied within 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.
Final Plan Approval shall be secured from the Planning Director in accordance
with the Zoning Code, Section 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, four parking stalls
(gravel, asphalt or concrete) and exterior signs associated with the business. In
conjunction with Final Plan Approval, the applicant shall submit documentation
that Final Building Inspection has been secured from the Department of Public
Works for the structure to be used as the bed and breakfast operation. In
conjunction with Final Plan Approval, the applicant shall submit documentation
that Final Building Inspection has been secured from the Department of Public
works for the guest house and the conversion of a portion of the upstairs living
area into a bedroom.
The bed and breakfast business shall be limited to the use of three (3) bedrooms.
4. Drinking water shall meet Department of Health standards and only breakfast
meals may be served to guests.
5. Comply with all applicable requirements as stated in the Zoning Code,
Section 25-4-7, regulating bed and breakfast establishments.
Mr. Eric Aaron Lighter
Page 5
6. Comply with all applicable laws, rules, regulations and requirements of other
affected agencies, including the Department of Public Works and the Department
of Health.
7. A written final status report shall be submitted to the Planning Director upon
compliance with all conditions of approval.
8. 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, if 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.
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.
Should you have any questions, please feel free to contact Alice Kawaha or Phyllis Fujimoto
of the Planning Department at 961-8288.
Sincerely,
Kevin M. Balog, Chairlin
Planning Commission
LCredi0LPC
cc: Department of Public Works
Department of Water Supply
County Real Property Tax Division
Kazu Hayashida, Director/DOT-Highways, Honolulu
Aaron Ueno/Department of Health