HomeMy WebLinkAboutKa Aina Pono Subdivision Comments Item #3 Joan Hunziker DISTRIBUTED AT LPC 8-9-23 HEARING
Item #3 Joan Hunziker (PL-SPP-2023-036)
Comments from Ka Aina Pono Subdivision Lot Owners
Received within 48 hours of LPC hearing
Ka Aina Pono Subdivision
Lot Owners
July 10, 2023 RCUD COH PLANNING DEPT
AUG 7'23 PM12:21
Leeward Planning Commission
COUNTY OF HAWAi'I
West Hawaii Civic Center
74-5044 Ane Keohokalole Highway, Building E, 2nd Floor
Kailua-Kona, Hawaii
RE: Special Permit Application (PL-SPP-2023-000-036)
Applicant Joan Hunziker
Dear Commissioners;
With regards to the above referenced Special Permit application, the subject property is
located within the Ka Aina Pono Subdivision (KAP) that is governed by the Declaration
of Protective Covenants, Conditions, and Restrictions for Ka Aina Pono Subdivision
(Covenants) (Doc No 2008-178917). These Covenants contain restrictions on the use of
any lot within KAP for guest purposes that would prohibit the use of the subject property
as either a Hosted Rental or a Bed and Breakfast.
Specifically per Article Il. USE RIGHTS AND RESTRICTIONS
Section 2.1 Use Limitations.
Every Lot (other than the Roadway Easement) within 'KAAINA PONO SUBDIVISION'
shall be used as allowed under the state land use guidelines for the State and County of
Hawaii. No Lot(other_than theRoadwayEasement) shall_ e_improved exceot_with
one_buildina or complex. desianed to accommodate no more than one family and
occasional quests. plus such auests'auarters or other Improvements as are
necessary or customarily.ingidental 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'.
'Occasional' per Cornell University of law, is defined as "occurring infrequently, at
irregular intervals, and according to no fixed or certain scheme; acting or serving for the
occasion or only on particular occasions."
From Law Insider`occasional' means occurring from time to time, on an infrequent or
irregular basis, with no particular pattern.
Per dictionaMcom What is classed as occasionally? occasional. /(e'kei3anal)/
adjective. taking place from time to time, not frequent or regular of, for, or happening on
special occasions.
The use of the subject properly within KAP as a Hosted Rental and/or a Bed and
Breakfast does not meet the definition of'occasional guests'. The Covenants further
define "guests" in Article 1, Section 1.4 Guest. "Guest" means any employee, tenant,
guest or invitee of an Owner, including transient guests:... The application for a Bed
and Breakfast specifically relates to transient guests and thus, Sidney Fuke's argument
in the May 16, 2023 letter to Zendo Kern relative to 'family' and a 'group of not more
than five unrelated persons (excluding servants) occupying a dwelling unit' is not
applicable.Arguably, one could identify these individuals as customers because they
would be paying a fee for lodging. The Covenants were clearly drafted to restrict
regular transient occupancy.
In addition, being located within an agricultural subdivision the subject property is
considered a `farm dwelling' and based on HRS 205-4.5 the use of the farm dwelling for
non agriculturally related transient rentals is not allowed. Finally the KAP subdivision
was purposely designed to NOT accommodate vacation type transient rentals including
private roads and gates.
Thus, we respectfully request the permit be denied on the basis of not being in
compliance with the subdivision Covenants and State Law. In addition, we respectfully
request that the County instruct the applicant to immediately cease operations of the
subject property as a Hosted Rental.
Respectfully,
KAP Property Owne
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July 8, 2023
Page 3
Leeward Planning Commission
Hunziker Special Permit
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July 10, 2023
Page 4
Leeward Planning Commission
Hunziker Specie ermit
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