HomeMy WebLinkAboutPL-SPP-2023-000036 05.19.23 G. ECKERT TESTIMONY REC'D AT 05.19.23 LPC HEARINGMay 19, 2023
Special Permit App (PL-SPP-2023-000036
Applicant: Ms Joan Hunziker
Agenda Item #3
Submitted by:
Geri Eckert
75-490 Nani Kailua Drive
Kailua-Kona
808-322-0666
Tom Carey
75-482 Nani Kailua Drive
Kailua-Kona
808-960-0339
Comments: I am a resident of the Ka'ainapona Subdivision. I am located across the
street from said applicant. This is a gated community of retired people and families on one acre
lots. Our CC&R do not allow anything but residents and guests of the resident but do not allow
B7B's, or STVR's. This subdivision was not set up for income generating businesses.
Our road is a private one owned by the residents. By allowing a B&B we will have cars
and strangers using our roads and subdivision therefore reducing the safety we moved here to
obtain.
The CC&R do not allow overnight parking on the road. Said applicant has allow her B&B
clients to park on the street overnight because she does not have enough parking on her
property. This has been going on for the last 9 months.
We are opposed to this petition that will change the environment of our subdivision.
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Geri Eckert Tom Carey
1.9 Owner.
"Owner" means the person or persons, including Declarant:
(a) Who holds fee simple title to a Lot;
(b) Who has contracted to purchase the fee simple title to a Lot, or a
lease of a Lot for an original term of not less than thirty (30) years, under a recorded
written agreement, in which case the seller under any such purchase agreement shall cease
to be the Owner while said agreement is in effect; or
(c) A lessee of a Lot under a recorded lease from the Owner of the fee
simple title to said Lot for a term of not less than thirty (30) years, in which case the
lessor under any such lease shall cease to be the Owner while said lease is in effect.
1.10 Person.
"Person" means a natural individual, corporation, partnership or any other legal entity.
1.11 Record.
"Record", "recorded", or "recordation" means, with respect to any document, the
recordation or filing of such document in the Bureau of Conveyances and/or in the Office
of the Assistant Registrar of the Land Court of the State of Hawaii, as appropriate.
ARTICLE II. USE RIGHTS AND RESTRICTIONS
2.1 Use Limitations.
Every Lot (other than the Roadway Easement) within `KA AINA PONO SUBDIVISION'
shall be used as allowed under the state land use guidelines for the State and County of
Hawaii. No Lot (other than the Roadway Easement) shall be improved except with one
building or complex, designed to accommodate no more than one family and occasional
guests, plus such guests' quarters or other Improvements as are necessary or customarily
incidental to a single family home. No ohana dwelling or other second dwelling of any
type or nature shall be permitted on any Lot within 'KA AINA PONO SUBDIVISION'.
DISCLOSURE: The Declarant hereby notifies all lot owners and future lot owners of
`KA AINA PONO SUBDIVISION', that:
a) The Owner of Parcel 16 has recorded Grants of Easements for access and
utility purposes in favor of six lots north of 'Ka Aina Pono subdivision'
(identified on the Assessors Tax Map as TMK (3) 7-5-011: Por 14 (four 5-acre
lots), 27 and 38, and three lots east of `Ka Aina Pono subdivision' (identified
as TMK (3) 7-5-011:47 and 48), for a total of nine lots exclusive and
regardless of any voting percentages of the lot owners of `KA AINA PONO
SUBDIVISION'.
b) There is an existing 16" transmission water line in a waterline easement of
Road F that will continue through Road F between Lot 32 and 33 in favor of
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