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HomeMy WebLinkAbout2023-08-10 Additional Information from Applicant LeeAnne Loney From: LeeAnne Greeson Lonev To: Plannina Internet Mail Subject: Loney Testimony PL-SPP-2023-000045 Date: Thursday,August 10,2023 1:42:07 PM Attachments: Loney testimonv.odf Aloha Clinton, Please include the attached letter to our file for the planning department and commission to review prior to our hearing. Mahalo for all your help! Aloha, LeeAnne Loney (808) 224-4211 LeeAnne and Evan Loney 75-800 Hiona Street#B Holualoa, HI 96725 Hawaii County Planning Department 101 Pauahi Street Suite 3 Hilo, HI 96720 August 9, 2023 Subject: Special Permit Application (PL-SPP-2023-000045) Applicant: LeeAnne Loney and Evan Loney Request: To Allow a Three-Bedroom Bed and Breakfast Establishment Within an Existing Single-Family Dwelling Tax Map Key: (3) 7-5-024.050, North Kona, Hawaii Dear Hawaii County Planning Department and Planning Commission: We are writing to share the nature of our current hosted homestay and address the points of concern mentioned in a few neighbor letters. We have been running a hosted homestay in our primary residence in Holualoa for the last 7 years with zero complaints from any neighbors, anyone in the community, or the county. Most neighbors have told us they didn't know we were operating a homestay until we sent out our letters to notify them of this special permit request. Guests stay in the same single-family home we live in with our two children and their grandmother. We offer a unique homestay experience because of our personal interaction and how we treat our guests. Our home sits on a very private one-acre property neatly landscaped with tropical plants and fruit trees. We host niche travelers who wish to escape from hotel resorts and learn more about the local lifestyle and culture which we happily share with them. In past years, we have also hosted many Ironman triathletes, traveling nurses, and locals from other parts of the Big Island and neighboring islands, including work crews and even our neighbors,Robert and Marikay Bart, who stayed for two nights while they termite tented their house. We are applying for this special permit for a Bed and Breakfast as it has been our dream since we stayed at our friend's B&B many years ago. We purchased our home in 2015 with the intention of having a homestay and started hosting in early 2016. We enjoy hosting visitors and many have become our friends over the years. We have several guests who come and stay year after year. It has been a positive experience for our family. It supplemented our income and allowed LeeAnne to stay home and raise our two young children. Maintaining good relations with our neighbors and community is a top priority when accepting guest requests to book with us. As such, we thoroughly vet each guest who stays with us and the majority of guests who stay with us are families with children like us. We market our homestay as a "family friendly" place to 1 of 6 stay. Our children have grown up playing with our guests' children. It has been a win-win for us and our visitors as they have a very unique experience staying with a Kama'aina ohana. All of our guests have been respectful to our home, family, and neighbors. At every check in, we ask each guest to respect the privacy of our 4 neighbors in our cul-de-sac by not walking or driving in the cul-de-sac and abiding by our quiet hours of 9pm-8am. In all the years of hosting, we have never had any issues or problematic house guests. We'd like to address the points of concern that have been brought up from neighbors. • CCRs/Restrictive covenants of Keopu Heights- We understand that the CCR's are a private matter and do not influence the county's decision whether to grant the special permit or not. However, it should be noted the neighbors who in their letters have accused us of being in violation of the Restrictive covenants have omitted the second half of the provision which states we are actually in compliance. Provision (a) which they quoted goes on to state "...guest quarters may be placed or maintained on the subdivision lot if placed or maintained in conformity with the county and state regulations." Our guest quarters are in alliance with the county regulations in regards to hosted STVRs. Furthermore, there is no provision in the Restrictive Covenants that state property owners may not rent their entire home, or any portion of whether it be long term or short term. Many property owners in this subdivision have both long term and short term rentals; renting out a portion or their entire home. It is not uncommon or prohibited in the CC&Rs. In addition, in regards to provision (i) which they also referenced, we have not been participating in an "obnoxious or offensive trade" or "annoyance or nuisance" to the neighborhood as we are quiet and have never had any noise complaints or any other complaints. We consulted with a local attorney, Bob Triantos, who specializes in HOAs regarding our restrictive covenants and bylaws, he said our homestay does not violate the CCRs and it is not up to the board to enforce them but for neighbors to work it out between themselves if there is a disagreement. The restrictive covenants of this neighborhood are dated, vague, and use ambiguous wording that can be interpreted in different ways. The restrictive covenants were written about 30 years ago and are so dated that every lot within this subdivision is in violation in one provision or another. For example, the requirement of wood shake roofing material and boundary hedges not to exceed 6 feet above the ground are just two provisions which every lot is in violation including the neighbors who have brought this concern up in their letters. • Private road wear and tear- 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. As such, the condition of the road and its ability to withstand 2 of 6 normal wear and tear of residential traffic is comparable to County-approved or private standard subdivision roads. b. In terms of the volume of traffic. We are 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) 8 persons. 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 parentage, guardianship or marriage, or a group of not more than five 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 traffic volume, we 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 our plan. Our plan is to utilize the existing structure and bedrooms and not construct any other building. c. We currently operate/use the dwelling as a legitimate "hosted" short term vacation rental (STVR). The maximum number of rentable rooms is 3, no more than what we are 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. d. Attached is a letter from the owner/president of Island Asphalt Maintenance, Inc. who bid on our road repair and recently re-evaluated our road. The letter describes specific factors that contributes to damage and wear and tear to the road. There is no mention of usage by single family type vehicles as a contributing factor. On the matter of parking, the B&B will require 3 additional on-site parking stalls, and that area already exists. No guest parking will be allowed on the street. As with our STVR guests, if this B&B is approved, we 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 the 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, we are following appropriate permitting processes and procedures and, in this case, have "checked" all of the boxes for both our existing hosted STVR and requested B&B. • Property value/Character of the neighborhood- It is also our goal to maintain the character of the neighborhood and to keep property values high. Since we bought the property in 2015, we have been continuously making improvements to the house and property. Our home was custom designed by late architect Robert Nespor and is the largest home on the cul-de-sac in terms of square footage and has a pool. It has been freshly painted and fully renovated inside and out. We reroofed and installed an 11 KW PV system. We have removed a 3 of 6 number of overgrown trees and the entire one acre has been landscaped and is meticulously manicured. A few of our back neighbors expressed appreciation when we removed the overgrown trees as it opened up their view plain of the ocean hence increasing their property value. Our property value only enhances the neighbors home values. A respectful B&B business will not depreciate the home or property values around. There is no data or evidence we could find that supports this opinion. In addition, there have been no noise complaints or any complaints regarding our guests. We are a multigenerational ohana with young children which is consistent with other homes in this neighborhood. Our children play with the other children in the neighborhood. The B&B permit would not change the current nature of our home and homestay. We plan to continue to operate our B&B discretely as we have been for the last 7 years without a sign identifying the home as a B&B. • Family oriented neighborhood/Safety of children- This concern was mentioned by Kal Yackly who it should be noted does not live and has never lived in this neighborhood but owns a vacant, unimproved, overgrown lot adjacent to ours. In any case, like many families in this neighborhood, we are a multigenerational kama`aina family unit, we live with our children`s grandmother and our two children, who are among the youngest in the neighborhood (ages 7 and 10 years old). Most of our guests have children as well. We vet each guest thoroughly and would never invite anyone to stay in our home that would be a safety risk to our own children. • "Opens the door to other B&B Establishments"- We are not the only STVR in the neighborhood as there are several other owners that have had similar hosted homestays in compliance with the current county regulation (One of which was Don Slocum who wrote testimony to oppose our application). As previously mentioned, establishing limits of "Transient Accommodation Rentals", is a policy decision that has to be debated and legislated upon by the County Council. These neighbor concerns` have never been voiced to us or the county before we applied for this special permit. None of them have ever complained about anything regarding our hosted STVR. In fact, the Barts have utilized and benefitted from our homestay when they tented their house this past year. They also reserved dates in our calendar for their family members who ended up not traveling at that time. Our guests are quiet and are inconspicuous. We can only speculate the resistance stems from the unfortunate bad reputation of short term vacation rentals in neighborhoods in general. As a hosted homestay, we have much more control over the guests who stay with us than a stand alone STVR which in some cases are known to be "party" houses which we are absolutely not. We feel we are good candidates to receive a special permit for Bed and Breakfast. We have a 7 year history of operating a hosted STVR in our primary single family residence 4 of 6 with no complaints. We pay general excise tax and transient accommodation tax. Our private road is paved and built to county standards thus first responders can easily access our property. We have off street guest parking within our property gate. Our property, with it's lush vegetation and wood gate, is very private, far away from neighbors, and offers a unique setting for visitors and locals alike. Born and raised in Hawaii, we are a kama`aina ohana that loves to share with visitors why we love this island paradise we call home. In sum, we believe we have addressed the concerns raised the few neighbors and the requirements and guidelines for a STVR and Special Permit have been sufficiently addressed. If we have not sufficiently addressed the comments, please let us know. Thank you for considering our request for this special permit for a B&B Establishment. Aloha, J'4 � LeeAnne ald Evan Lon 5 of 6 ( Z!) Island Asphalt Maintenance, Inc. 75-5660 Kopiko Street, Suite C7-465 Kailua-Kona, HI 96740 808-322-5672 August 9, 2023 To Whom It May Concern: Structural damage to roads occurs due to a variety of factors,ranging from natural forces to human activities. The main reasons are as follows: 1. Heavy Traffic Loads: Frequent and heavy traffic loads,especially from large vehicles like trucks(i.e concrete trucks,dump trucks),can exert significant stress on the road. Over time this repeated stress can lead to cracking,rutting, and deformation. 2. Water Infiltration: Water is a major contributor to road damage. It can infiltrate the road structure through cracks and joints,causing erosion and weakening the underlying layers. This can lead to pavement degradation and loss of structural integrity. 3. Aging and Deterioration: Over time,roads naturally age and deteriorate due to exposure to the elements,including (UV radiation),rain, and temperature variations.This can cause the road surface to be brittle,leading to cracking and chipping. 4. Inadequate Maintenance: Regular maintenance activities such as patching cracks, filling potholes, and sealcoating are essential to extending the life of roads. Neglecting maintenance allows small issues to escalate into larger structural problems. Please feel free to contact me if you have additional questions. Sincerely, Jade Rasmussen President/Owner Island Asphalt Maintenance,Inc 6 of 6