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Home My WebLink AboutPL-SPP-2023-000036 05.16.23 APPLICANT'S RESPONSE TO 04.04.23 KA AINA PONO OWNERS TESTIMONY =MAE SidneyFuke, Planning Consultant P.O.Box -Hilo Hawaii 96726 •Planning•Variance•Zoning Cell:(808)98 989-06464D •Subdivision•Land Use Permits E-mail:sidneyfuke@g mail.cam •Environmental Reports May 16,2023 Mr. Zendo Kern, Director Planning Department COUNTY OF HAWAF I 101 Pauahi Street Hilo,Hawai'i 96720 Dear Mr. Kern: Subject: Special Permit Application(PL-SPP-2023-000036) Applicant—Joan Hunziker Auhaukeae 111,North Kona,Hawai i,TMK: 7-5-012: 091 This is in response to a letter, dated April 4, 2023, and received by your office on this date. Thank you very much for providing us also with a copy. In sum,the comments relate to the proposed B&B's impact on the private road serving the subject as well as neighboring properties, as well as "steps"to be taken "to ensure the guests will be respectful ofthe residential nature of the neighborhood and minimize noise and disruptions. " Relative to the road impact, we would like to note the following: a. First in terms of the condition of the existing road. While privately owned,the road was built to County-approved private road standards, consisting of a 20-foot wide paved road with improved shoulders within a 50-foot wide right-of-way. As such,the condition of the road and its ability to withstand normal wear and tear of residential traffic is comparable to County-approved dedicable or private standard subdivision roads. This is unlike a situation where a paved road is too narrow to allow for safe 2- way traffic. In that kind of situation,there is greater wear and tear, as the shoulders get eroded very quickly and thus require frequent maintenance. That is not the situation here. b. In terms of the volume of traffic. The applicant is proposing a 3-room bed and breakfast within an existing 4-bedroom dwelling. Presumably, then,the volume of traffic should be comparable to a family of 5 or 6 or possibly (assuming 2 per bedroom) S persons. While it could be argued that a typical family might not have more than 2 vehicles, for a young family,movements can be frequent—whether it is shuttling children to and from school,activities, shopping,etc. However,please also note that per the Zoning Code,a"family"is defined as "an individual or two or more persons related by blood, state-sanctioned adoption,,foster Mr. Zendo Kern, Director May 16,2023 Page 2 parentage, guardianship or marriage, or a group of not more than rive unrelated persons (excluding servants), occupying a dwelling unit. "As such,the dwelling could be rented to 5 adults/individuals,each with their own car. Relatedly and on the same issue of raffic volume,the applicant could request to construct 3 additional bedrooms to accommodate its request. If so,the dwelling would have a total of 7 bedrooms,and the potential for additional traffic would be there. However, that is not her plan. Her plan is to utilize the existing structure and bedrooms and not construct what might amount to a"monster"home. c. Finally,the applicant currently operates/uses the dwelling as a legitimate"hosted" short term vacation rental(STVR). The maximum number of rentable rooms is 3,no more than what she is requesting for this B&B. Thus,it is reasoned that the traffic impact between the current STVR and proposed B&B should be the same. On the matter of Parking,the B&B will require 3 additional on-site parking, and that area already exists. No overnight guest parking will be allowed on the street. According to the applicant,however, it is not uncommon that during the day"commercial"type of vehicles are parked on the road whose employees provide landscaping, home maintenance, etc. service to a property. On some occasions,the applicant has observed people parking during the evening when visiting a home. As with her STVR guests, if this B&B is approved, she will continue to inform guests where to park on the property behind a gate and the prohibition of any on-street parking. On the matter of density limits,a B&B cannot exceed a maximum of 5 rentable rooms. Further, a Special Permit must be secured for a B&B. A hosted STVR is allowed subject to certain approval requirements. In terms of establishing limits to number of"Transient Accommodation Rentals",that is a policy decision that has to be debated and legislated upon by the County Council. In the meantime,the applicant is following appropriate permitting processes and procedures and,in this case,has "checked" all of the boxes for both its existing hosted STVR and requested B&B. The letter also raised concerns regarding additional insured. The applicant maintains that the matter of additional insurance has to be determined by all parties that own the road. (In this situation,unlike other private roads,there is no specific road lot. Here, each lot owner owns only that portion of the road that fronts his/her property homeowner. Easements are then granted to other properties who use that road, and,in turn,the lot owner would have easement rights over the other person's property.) All lot owners introduce outside traffic that at one point or another serves only its needs—such as deliveries or maintenance or guests. The question then is whether the condition of the road would be contrary to the Special Permit guideline of not creating any Mr. Zendo Kern,Director May 16, 2023 Page 3 "public infrastructure burden". It is maintained that the road, although private,has been built and constructed to County standard,and is thus adequate for the B&B and not contrary to the Special Permit guideline. On the matter of the gate code,as with the additional insured question,the applicant believes that this is a private matter. Currently,the gate code is changed periodically with notification to certain providers like the fire,police,ambulance,utility companies,etc. However, in due time,these are shared with others who visit or have business in the area—such guests of a homeowner, FEDEX,Uber, etc. In time,while the code helps,it is only a matter of time that, sadly,the code becomes potentially more accessible to others. Finally,on the matter of being respectful,the applicant already operates under the hosted STVR rules which require "(A) Quite hours shall be from 9.00 p.m. to&:00 a.m., during which time the noise from the STVR shall not unreasonably disturb adjacent neighbors; (B)Sound that is audible beyond the property boundaries during non-quiet hours shall not be more excessive than would be otherwise associated with a residential area." This practice will continue. Further,the applicant—who is not a"party animal"-will also live in the dwelling, and it would only behoove her to not have disrespectful guests. It should also be noted that while operating her STVR, she has not received any personal complaints from neighbors or even from the County Planning Department. She did acknowledge that when one of the neighbors talked to her about a fellow neighbor being unhappy with her truck(which she had loaned to someone who was doing some work for her)being parked on the street overnight, she immediately addressed that. In sum,the applicant believes that by adhering to the requirements and guidelines for a STVR and Special Permit relative to off-street parking and noise,the concerns raised in the letter can be reasonably addressed; and further,that the guidelines for a Special Permit have been sufficiently addressed. I trust that we have adequately addressed those comments. If not,please do let us know. Thank you very much! iAicerely, SIDNEY M. FUKE Planning Consultant cc Ms. Joan Hunziker via email