HomeMy WebLinkAbout98_003Stephen K. Yamashiro
Mayor
CERTIFIED MAIL
Z 095 324 395
DEC 0 7 1998
Mr. Sidney Fuke
100 Pauahi Street, Suite 212
Hilo, HI 96720
Dear Mr. Fuke:
Clunty of Mptttfun-11
PLANNING COMMISSION
25 Aupuni Street, Room log • Hilo, Hawaii %720-4252
(808) 961.8288 Fax (808) 961.9615
Use Permit Application (USE 98-3)
Applicants: Ingrid Carvalho and Eleanor W. Jacobsen
Request: Establish a One -Bedroom Bed and Breakfast Operation
Within a Second Dwelling
Tax Map Key: 1-9-7:19
The Planning Commission at its duly held public hearing on November 20, 1998, voted to
approve the above -referenced application. Use Permit No. 176 is hereby issued to allow the
establishment of a one -bedroom bed and breakfast operation within an existing second
dwelling situated on 3.00 acres of land within the County Single Family Residential (RS -20)
zoned district. The property is located on the south side of Laukapu Avenue approximately
700 feet from its intersection with Haunani Road, Volcano, 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; and
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.
1= .
DEC 0 7 1996
Mr. Sidney Fuke
Page 2
The one -bedroom existing bed and breakfast operation meets the guidelines for
approval of a Use Permit, for the reasons outlined below.
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. 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 the property as a residence. In this
particular situation, the applicants have been in operation since 1990 and is applying
for a Use Permit to conform to the Zoning Code requirements. Although the
applicants do not presently reside on the property, they intend to comply with the
requirements by moving into the main dwelling. According to Real Property Division
records, references are made to structures (dwelling and billet) on the property since
1947. Building Division records include permits secured for improvements on the
main dwelling. The applicants stated that improvements were made to the bed and
breakfast cottage in 1990; however, the applicants intend to secure an after -the -fact
building permit to comply with County requirements. The applicants also secured a
variance (VAR 943) from the Planning Department, effective August 17, 1998, for
encroachment of the bed and breakfast cottage into the side and rear yard setbacks. In
addition, the applicants have stated their intent to comply with applicable requirements
of the Zoning Code, Section 25-4-7, regarding bed and breakfast establishments.
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 subsequent 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 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 securance of a Use
Permit.
The applicants are requesting to allow the continued operation of a one -bedroom
bed and breakfast establishment in a second cottage on the subject property. They will
reside in a main dwelling which has 3 bedrooms. Part-time employees may be hired
for landscaping and maintenance. Adequate utilities and services are available at the
site. No additional structures are anticipated to be constructed. The driveway, carport
and parking areas are graveled to accommodate guest parking, which should eliminate
erosion, mud and standing water. It is not anticipated that a one -bedroom bed and
breakfast establishment will substantially increase traffic, anymore than its use as an
existing rental, on existing roadways in the area.
The General Plan designation for this area is Low Density Urban Development,
which allows for single-family residential uses, ancillary community and public uses
Mr. Sidney Fuke
Page 3
and convenience -type commercial uses. As the bed and breakfast operation will be
established in an existing dwelling, the uses should not alter the appearance or
character of the subject property. In addition, the dwellings are not visible from
Laukapu Road. The proposed bed and breakfast operation 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.
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 bed and breakfast establishment 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 policies of the General Plan.
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 subject property is located in Volcano Village. The
surrounding area is rural in nature and mainly single-family residential in use. The
existing one -bedroom cottage and graveled parking areas can accommodate the bed and
breakfast operation. The property is naturally landscaped to mitigate any possible
visual or noise impacts on the neighbors. Adequate public services and facilities are
also available to accommodate the proposed use. Although there are other bed and
breakfast establishments in operation in the Volcano Village, the applicants have also
been in operation since 1990 without any complaints filed with the Planning
Department.
Mr. Sidney Fuke
Page 4
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.,The subject property may be accessed
from Haunani or Wright Road on Laukapu Roa. The subject property is
approximately three lots in from Haunani Road and .8 miles from Volcano Highway.
Laukapu Road is a County Road with an approximate pavement with of 9 feet. There
are adequate graveled parking areas on site for guests. It is not anticipated that guests
of the one bed and breakfast establishment will substantially increase traffic on existing
roadways. As the subject property is located three lots from Haunani Road, the guests
would not have to traverse very far onto Laukapu Road to reach their destination.
Water is provided by a catchment system, as such, the applicant would be required to
comply with the Department of Health requirements regarding water consumption for
guests. Wastewater is disposed of into an existing cesspool. The applicants would be
required to comply with all applicable agency requirements, including any requirements
of the Department of Health and Department of Public Works -Building Division.
Finally, agencies reviewing the request had no objections to the establishment of the
bed and breakfast operation at this location.
Based on the above, the request to allow the establishment of an existing
one -bedroom Bed and Breakfast operation in a second existing dwelling on the subject
property is hereby approved.
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.
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 one year of
the effective date of this permit. Plans shall identify existing and proposed
structures, driveway, landscaping, fire protection measures, gravel parking
stalls and exterior signs associated with the business. In conjunction with Final
Plan Approval, the applicants shall submit documentation that Final Building
Inspection has been secured from the Department of Public Works for previous
renovations to the bed and breakfast cottage.
The bed and breakfast operation shall be limited to the use of the one bedroom
cottage located on the subject property.
Comply with all applicable requirements as stated in the Zoning Code,
Section 25-4-7, regulating bed and breakfast establishments.
Comply with all applicable laws, rules, regulations and requirements of other
affected agencies, including the Department of Public Works -Building Division
and the Department of Health regarding water and food consumption for guests.
6. A written final status report shall be submitted to the Planning Director upon
compliance with all conditions of approval.
Mr. Sidney Fuke
Page 5
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
applicants have failed to comply with the conditions of approval or have caused
an unreasonable adverse impact on surrounding properties, the permit may be
suspended or revoked.
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 Susan Gagorik of
the Planning Department at 961-8288.
Sincerely,
� . [A—ti
Kevin M. Balog, Chairman
Planning Commission
LCarva0LPC
cc: Department of Public Works
Department of Water Supply
County Real Property Tax Division
Kazu Hayashida, Director/DOT-Highways, Honolulu
Department of Health
Ms. Ingrid Carvalho