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Home My WebLink About2024-02-07 Letter Judith Ruffner & Eric Schindwolf Ack CCH Petition Mitchell D.Roth d$•'s'�f f„i!►? Zendo Kern c;. ✓ ., Mayor �digf Director Deanna S. Sako Jeffrey W.Darrow Managing Director Deputy Director T�OF.HIiI West Hawaii Office East Hawaii Office 74-5044 Ane Keohokalole Hwy • • 101 Pauahi Street,Suite 3 Kailua-Kona,Hawaii 96740 County of Hawaii Hilo,Hawaii 96720 Phone(808)323-4770 Phone(808)961-8288 Fax(808)327-3563 PLANNING DEPARTMENT Fax(808)961-8742 February 07, 2024 Judith A. Ruffner& Eric J. Schindwolf 23 Nature Pointe Drive Tijeras,NM 87059 VIA EMAIL Dear Ms. Ruffner: Special Management Area Use Permit Application (PL-SMA-2023-000038) Applicant: Kona Hawaii Development,LLC Request: Develop 100-Room Hotel and Related Improvements Subject: Acknowledge Receipt of Petition for Standing in a Contested Case Hearing (PL-CCH-2024-000021) TMK: (3) 7-5-018:011,Kailua-Kona, North Kona, Hawaii This is to acknowledge receipt of your Petition for Standing in a Contested Case Hearing filed in the EPIC system on Wednesday, January 31, 2024, with the petition fee paid on the same date. Your petition will be forwarded to the Leeward Planning Commission for its consideration at its meeting scheduled for Thursday, February 29, 2024, at the West Hawaii Civic Center, Council Chambers, Building A, 74-5044 Ane Keohokalole Highway, Kailua-Kona, Hawaii 96740, starting at 9:30 a.m. Your presence will be required at this hearing to respond to questions that the Planning Commission may have regarding the Petition for Standing. Please refer to Planning Commission Rules of Practice and Procedure, Rule 4 (Contested Case Hearing Procedure) for information about the contested case process. The rules can be found on the Planning Department website at: https://www.planning.hawaiicouniy.gov/about-us/boards- committees/planning-commission-E]2lications www.planning.hawaiicounty.gov Hawaii County is an Equal Opportunity Provider and Employer planning(d),,hawaiicounty.eov Judith A. Ruffner& Eric J. Schindwolf February 07, 2024 Page 2 If you have any questions, please feel free to contact Alex Roy of this office at (808) 961-8140 or via email at alex.roy(2hawaiicoun ov Sincerely, &a a,7acksm fo.�- Maija Jackson for(Feb 7,202411:47 HST) ZENDO KERN Planning Director AJR:mads P\wpwin60\PC\2023 PD Reports for Supervisor&Director\Kona Hawaii LLC SMA\LRuffner SMA23-38-AckPetContestedCase.docx cc w/copy of petition: Leeward Planning Commission via e-mail Suzanna L. Tiapula, Esq., Deputy Corporation Counsel via e-mail Jean Campbell, Esq., Deputy Corporation Counsel via email Sidney Fuke, Land Use Planning Consultant via e-mail PETITION FOR STANDING IN A CONTESTED CASE HEARING p (Page I of 2) NAME: ADDRESS: �3 ►�Io.�u�L �o'�,..-}��r".� PHONE NO.: (SOS) ia.Jr .�� r r .o��iocK . LowN APPLICANT/ DOCKET NO.: KD,,,6- �a��.'.: `flc.,.�lnd�. rk �PL. -SMA- ZoZ3-Ooon3� A. Is your interest in this matter clearly distill;*uishable from that of the ,reneral public" Yes__X No If the answer is "yes", please explain: we own Kona Reef D8 located on the ground floor diagonally across Kahakai Road from the site. The proposed building height would exceed 60 feet as viewed from our condo (max. allowable height is 45 feet). In addition, the increased foot traffic(300+guests)in front of our lanai will exacerbate the already-significant trespassing issue we have as pedestrians stray from the designated "shoreline access" and camp out on Kona Reef property. If the answer is "no", please explain how the proposed action will nevertheless cause you actual or threatened injury: B. Are you a government a(Fency whose jurisdiction includes the land involved in the subject request' Yes No If the answer is "yes", please explain the nature of the agency's jurisdiction: C. Do you lawfully reside on or have some property interest in the land involved in the subject request? Yes No - If the answer is "yes", please explain: Appendix A PETITION FOR STANDING IN A CONTESTED CASE HEARING (Page? of 3) D. Are you a person or persons descended front native Hawaiians who inhabited the Hawaiian Islands prior to 1778, who practiced those rights which were customarily and traditionally exercised for subsistence, cultural, or religious purposes`' Yes No X_ If the answer is "yes", please submit any genealogical evidence and historical evidence showinu the exercise of those rights to support your statement: Petitioner' Siunature Ale',,/yl e-41 o STATE OF HII ) San, a Fe ) SS. COUNTY OF HAAV-,kff ) On this 31sf day of .TQnitarx _'O�y, before me personally appeared lit fiu{fner a a d Zr i e. Sch►ndwol F, to me known to be the person described in and who executed the foregoing instrument, and acknowledged that he executed the same as his free act and deed. Not Public, State of Hawao Ale&-,1,7exleo My commission expires: 7/1WOJ 4 STATE OF NEW MEXICO NOTARY PUBLIC Elizabeth C Washington Appendix A Commission No. 1026638 July 31,2024