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HomeMy WebLinkAboutPD Background Report PL-SPP-2024-0000741 BMaryFoxSPP.ak.10.09.2024 COUNTY OF HAWAI‛I PLANNING DEPARTMENT BACKGROUND REPORT MARY FOX SPECIAL PERMIT APPLICATION NO. PL-SPP-2024-000074 MARY FOX is requesting a Special Permit to allow the operation of a home office within a 100-square foot portion of an existing dwelling on a 3-acre property within the State Land Use Agricultural District. The subject property is located at 59-455 A Ala Kahua Drive approximately 614.9 feet northwest of its intersection with Ala Kahua Drive, Kahua Sea View, Waika, North Kohala, Hawaiʻi, TMK: (3) 5-9-008:023-0001(por.). APPLICANT’S REQUEST 1. Request: The applicant is requesting a Special Permit to allow for a home occupation to operate a home office within a 100-square-foot portion of an existing 2,241-square foot, 4-bedroom farm dwelling. The proposed home office space will consist of a computer, desk, printer, and filing cabinet within the applicant’s former dining room. Additionally, the business will be strictly administrative, with no client visits, vendor interactions, or commercial signage on the property. 2. Reasons for Request: The applicant requests to use a small portion in the existing dwelling to manage the downsized vacation rental business, which has been reduced from managing approximately 30 vacation homes, down to 6 vacation homes. The applicant was leasing a commercial business space in Puako but does not intend to renew the commercial lease due to the downsizing of the business. 3. Hours of Operation: The applicant will be operating within the standard business hours of Monday through Friday, from 9:00 a.m. to 5:00 p.m. 4. Staff: The applicant will be the sole operator of the business and will not require additional employees. 5. Definition of “Home Occupation”: According to Section 25-1-5 of the Zoning Code, a “home occupation” means any activity intended to provide income that is carried on within a dwelling, within an accessory structure to a dwelling, or on a portion of a building site used principally for dwelling purposes. 2 6. Landowner: Mary Ann Fox Trust. 7. Supportive Information: The applicant has submitted the attached in support of the request: (Planning Department Exhibit 1 – Special Permit Application received on July 24, 2024). DESCRIPTION OF STATE & COUNTY PLANS 8. State Land Use District: Agricultural. 9. General Plan Land Use Pattern Allocation Guide (LUPAG) Map: Extensive Agriculture. 10. County Zoning: Agricultural-3 acres (A-3a). 11. Community Development Plan (CDP): The North Kohala CDP was adopted by Ordinance 2008-151 on November 5, 2008, by the Hawaiʻi County Council. The North Kohala CDP supports efforts to promote small business development that is consistent with the rural, agricultural, and historic character of the area. 12. Special Management Area (SMA): The permit area is located approximately 1.3 miles from the nearest coastline; thus, it is not located within the SMA. DESCRIPTION OF SUBJECT PROPERTY AND SURROUNDING AREA 13. Subject Property: The 3-acre property, within the Kahua Sea View subdivision, is part of a 2-unit Condominium Property Regime (CPR). Unit 1, owned by the applicant, includes a first farm dwelling where she proposes to operate a home occupation, while Unit 2 has an approved Additional Farm Dwelling. The first farm dwelling on Unit 1 was built under Building Permit No. 985940. 14. Surrounding Zoning and Land Uses: The surrounding properties are similarly zoned Agricultural-3 Acres (A-3a), and the majority contain residences. The surrounding properties are primarily agricultural and residential, with some vacant undeveloped parcels. The nearest dwelling is approximately 90 feet to the northwest on an abutting property. An acupuncture clinic is located approximately 2,000 feet to the west on a neighboring parcel which was approved by Special Permit No. SPP 13-000154. 15. USDA Soil Survey Report: Waikui-Hapuna complex, 2 to 10 percent slopes. This soil type is made from basic volcanic ash over aʻa lava. It is considered well-drained, has a low to high runoff class, and is not considered prime farmland. 3 16. Flood Insurance Rate Map (FIRM): Zone “X,” determined by FEMA to be an area of minimal flood hazard. 17. Land Study Bureau’s Overall Productivity Rating: “E” or Very Poor. 18. Agricultural Lands of Importance to the State of Hawai‘i (ALISH): Unclassified by the ALISH. 19. Flora and Fauna Resources: No professional floral or faunal survey was conducted for the permit area; however, given that the property and surrounding area was previously cleared for residential development, it is unlikely that any listed or endangered flora or fauna resources exist on the property. 20. Archaeological Resources: No archaeological studies were conducted for the project area and the application states that there are no known archaeological or historically significant artifacts identified on the site. According to Planning Department records, there are no historic or cultural sites on the property. 21. Valued Cultural Resources: According to the applicant, no known archaeological sites, historical, or cultural resources are known to be located on the property. However, the applicant respects the cultural and historical significance of the area and preserves the ability of Native Hawaiians to continue their traditional practices without interference. 22. Public Access: There is no known public access or any known trails, paths, walkways, that traverse through the permit area in order to reach the shoreline or mountain. PUBLIC SERVICES AND FACILITIES 23. Access/Traffic: Access to the subject parcel and permit area will be provided by an existing paved cul-de-sac that connects with Ala Kahua Drive. There will be no additional parking spaces added, as there will be no additional employees, nor will there be any in-person meetings with clients. 24. Water: The dwelling that will be used for the home occupation is serviced by a private water system. 25. Wastewater: The dwelling that will be used for the home occupation is currently serviced by a cesspool. 26. Other Essential Utilities and Services: Electrical and telephone service are available to the site. Police, fire, and medical services are located in Waimea which is approximately 4 12 miles away. AGENCY COMMENTS 27. State Department of Health: (Planning Department Exhibit 2 – September 26, 2024, Memo) 28. Department of Public Works-Engineering Division: (Planning Department Exhibit 3 – October 23, 2024, Memo) AGENCIES – NO COMMENT OR CONCERN 29. Police Department. AGENCIES – NO RESPONSE 30. Fire Department, State Land Use Commission, Department of Public Works-Building Division, Department of Environmental Management, and Department of Water Supply. PUBLIC COMMENTS 31. The Planning Department has not received any objections or comments from the public or adjacent landowners on the subject application at the time of this writing. Special Permit Narrative 3A. Description of the Proposed Use, Objectives, and Reasons for Requesting the Special Permit, Including Proposed Hours of Operation and Number of Employees Proposed Use Mary Fox is seeking a special permit to convert a small space (10x10) in her former dining room into a home office. This office will be used to manage her downsized vacation rental business, which has been reduced from managing 30-plus vacation homes to just six. The home office will include a computer, desk, printer, and filing cabinet. The business operations will be strictly administrative, with no client visits, vendor interactions, or commercial signage on the property. Objectives The main objectives for requesting the special permit are as follows: 1.Compliance with Regulatory Requirements: Mary Fox aims to ensure her business operations comply with the Real Estate License requirements and the Department of Commerce and Consumer Affairs (DCCA) regulations and the County of Hawaii requirements for a Home Occupation Declaration. 2.Maintain Professional Operations: Operating a home office will allow Mary to continue her professional activities without the need for a large commercial space, aligning with her business's current scale and needs. 3.Preservation of Rural Character: By operating from her home, Mary can maintain the rural and residential character of the neighborhood, avoiding any commercial development that could disrupt the community's ambiance. Reasons for Requesting the Special Permit 1.Reduction in Business Scale: Mary’s business has significantly downsized, eliminating the need for a large office and storefront. A small home office is sufficient for her current business operations. 2.Expiration of Commercial Lease: The lease for her commercial property at 69- 1649 Puako Beach Drive, Kamuela, expires on September 30, 2024. Mary does not intend to renew this lease, further necessitating the need for a home office. 3.Minimal Impact on Neighborhood: The proposed use will have minimal impact on the neighborhood. The absence of client visits, vendor interactions, and commercial signage ensures that the residential nature of the area is preserved. 4.Professional and Regulatory Compliance: A special permit will enable Mary to comply with her professional and regulatory obligations while working from home. Proposed Hours of Operation The home office will operate primarily during standard business hours, Monday to Friday, from 9:00 AM to 5:00 PM. Given the nature of the business and the fact that most interactions are conducted remotely or online, there will be no extended hours, weekend operations, or any activities that would cause disturbance to the neighborhood. Number of Employees The business will have no additional employees. Mary Fox will be the sole operator of the home office. This ensures that the residential character of the property is maintained and that there is no additional traffic or noise generated by business activities. 3B. Description of the Subject Property in Sufficient Detail as to Locate the Property. Describe the Existing Uses, Structures, and Topography. If a Portion of the Property to be Used, State the Use of the Remainder of the Property Description of the Subject Property Location The subject property is located at 59-455 A Ala Kahua Dr, North Kohala, on the Big Island of Hawaii. The property is situated approximately 2 miles west of the intersection with Highway 270, providing easy access while maintaining the seclusion typical of the rural landscape. The specific coordinates are 20.2104° N, 155.7944° W. Existing Uses and Structures The property is currently utilized as a single-family residence. The existing structures on the property include: Primary Residential Building: A single-story home featuring a living room, kitchen, multiple bedrooms, and a former dining room intended for conversion into a home office. Detached Garage: Used for personal vehicle storage and minor household storage. Landscaped Yard: The home is surrounded by a well-maintained yard with minimal landscaping to blend with the natural environment, including grass, native plants, and a few trees. The main residential building is equipped with essential utilities such as water, electricity, and sewage systems. The property does not currently feature any commercial structures or signs of commercial activity. Topography The topography of the property is relatively flat, with a gentle slope towards the back of the yard, which ensures proper drainage and prevents water accumulation near the house. The land is primarily covered with grass and native vegetation, providing a natural and aesthetically pleasing environment. Use of the Remainder of the Property The proposed use of a 10x10 space within the former dining room for a home office will not affect the remainder of the property. The primary use of the property will continue to be residential. The yard will remain as a recreational space for the residents and will maintain its current landscaping. The detached garage will continue to serve their existing purposes, and no additional structures will be constructed. 3C. Zoning State zoning is AG, county zoning is AG, and the subject parcel is not located in a SMA. 3D. Surrounding zoning and land uses State Land Use District Boundary The subject property, located at 59-455 A Ala Kahua Dr, North Kohala, on the Big Island of Hawaii, falls within the State Land Use District Boundary as designated by the State Land Use Commission. The property is specifically situated in the Agricultural District. Agricultural District The Agricultural District is primarily designated for the cultivation of crops, orchards, and other agricultural activities. It also includes areas for farm dwellings and structures necessary for agricultural operations. The purpose of this district is to preserve and protect agricultural lands, promote agricultural production, and maintain the rural character of the area. Permitted Uses: The Agricultural District permits various uses that support agricultural activities. This includes crop production, livestock farming, and facilities that are necessary for these operations. Farm dwellings are also included. Special Permits: Certain non-agricultural uses may be permitted through special permits, provided they are not contrary to the objectives of the district and do not negatively impact the agricultural potential of the land. Relevance to the Special Permit Application The proposed use of a home office within the existing residential building is compatible with the Agricultural District's objectives as it does not interfere with agricultural activities or the rural character of the area. The home office will be used for administrative purposes related to Mary Fox’s vacation rental management business, which does not involve any physical changes to the land or increased traffic and activity that could disrupt the agricultural nature of the district. 3E. Flood Zone This property is located in zone X, see FIRM map included with this application. 3F. Archaeological and Historic Resources Overview of North Kohala's Archaeological and Historic Significance North Kohala is a region rich in archaeological and historic resources, reflecting its deep cultural heritage and historical significance in Hawaii. The area contains numerous sites that are remnants of ancient Hawaiian civilization, including heiau (temples), fishponds, agricultural terraces, and ancient trails. These sites provide insights into the traditional Hawaiian way of life and their sophisticated agricultural and aquacultural practices. Archaeological Resources 1.Heiau (Temples): North Kohala is known for its numerous heiau, which are sacred places of worship for ancient Hawaiians. These structures were used for religious ceremonies and were integral to the spiritual and social life of the community. While there are no known heiau directly on the subject property, the presence of such structures in the surrounding area underscores the cultural significance of the region. 2.Agricultural Terraces: The Kohala area is famous for its ancient agricultural terraces, particularly the Kohala Field System, which was an extensive system of terraced fields used for growing taro and other crops. These terraces are evidence of the advanced agricultural practices of ancient Hawaiians and their ability to adapt to the local environment. 3.Fishponds: The coastal areas of North Kohala feature loko iʻa (fishponds), which were used to cultivate fish and other marine resources. These fishponds demonstrate the ingenuity of ancient Hawaiians in managing and sustainably utilizing their natural resources. 4.Trails and Footpaths: The King's Trail (Ala Kahakai) is an ancient coastal path that runs through North Kohala. This trail connected various communities and was a vital transportation and communication route in ancient Hawaii. Portions of this trail may be found near the subject property, emphasizing the interconnectedness of the region. Historic Resources 1.Bond Historic District: Nearby to the subject property is the Bond Historic District, which includes several historic buildings and structures associated with the missionary Reverend Elias Bond and the Kohala Sugar Plantation. This district is a testament to the cultural and economic transformations that occurred in the area during the 19th and early 20th centuries. 2.Kamehameha I Birthplace: North Kohala is the birthplace of King Kamehameha I, one of Hawaii's most significant historical figures. The site includes the Kamehameha Birthstones and Moʻokini Heiau, which are of great historical and cultural importance. These landmarks celebrate the legacy of King Kamehameha and his contributions to the unification of the Hawaiian Islands. Property-Specific Resources Based on available information, the subject property at 59-455 A Ala Kahua Dr, North Kohala, HI does not contain any specific known archaeological or historic sites directly on the parcel. However, given the rich cultural landscape of the region, it is important to remain mindful of the potential for undiscovered resources. There aren’t any ground- disturbing activities to take place and consultation with the State Historic Preservation Division (SHPD) is not necessary. Conclusion While the subject property itself does not have identified archaeological or historic resources as this has been a subdivision that has been in place for a long time, it is located within a region of significant cultural heritage. North Kohala's landscape is dotted with numerous sites of archaeological and historic importance, contributing to its unique cultural identity. Preservation of these resources is crucial to maintaining the cultural integrity of the area. 3G. Cultural Resources Traditional and Customary Native Hawaiian Rights Overview In the North Kohala area, traditional and customary Native Hawaiian rights are deeply rooted in the cultural and historical practices of the Native Hawaiian people. These rights are protected under Hawaiian law and are an integral part of the local community's identity and lifestyle. They include practices related to land, water, fishing, and gathering, which are essential for cultural perpetuation and community well-being. Traditional and Customary Practices in North Kohala 1.Subsistence Fishing and Gathering: The coastal areas of North Kohala are commonly used for traditional fishing and gathering practices. Native Hawaiians collect various marine resources, such as fish, limu (seaweed), and shellfish, which are essential for subsistence and cultural practices. 2.Agricultural Practices: The Kohala Field System is a notable example of traditional Native Hawaiian agricultural methods. Farming and the cultivation of traditional crops, such as taro (kalo) and sweet potatoes (uala), are still practiced in the region. 3.Religious and Ceremonial Sites: Heiau (temples) and other sacred sites in North Kohala are used for religious ceremonies and cultural practices. These sites hold significant spiritual importance and are integral to the community's cultural heritage. Pu’ukohala Heiau is the closest historical site and is within the national park system. 4.Access to Natural Resources: Native Hawaiians have traditionally accessed forested areas and streams for gathering medicinal plants, building materials, and other resources necessary for traditional practices. Potential Impact of Proposed Use on These Rights The proposed use of converting a small space within an existing residential building into a home office is unlikely to affect traditional and customary Native Hawaiian rights. The reasons are as follows: 1.Minimal Physical Impact: The proposed home office will occupy a 10x10 space within the existing residential structure, with no physical alterations to the land or environment. This ensures that there is no disruption to traditional fishing, gathering, or agricultural practices in the area. 2.No Restriction on Access: The Home office use does not involve any fencing, barriers, or restrictions that would limit access to coastal areas, agricultural fields, or other resources used for traditional and customary practices. 3.Maintaining Rural Character: The proposed use maintains the residential and rural character of the property, ensuring that the natural landscape and cultural sites in the vicinity remain undisturbed. Conclusion The proposed use of a small home office within the existing residential building at 59- 455 A Ala Kahua Dr, North Kohala will have no impact on traditional and customary Native Hawaiian rights. The project respects the cultural and historical significance of the area and preserves the ability of Native Hawaiians to continue their traditional practices without interference. 3H. Flora and Fauna Kohala, located on the Big Island of Hawai'i, is a region rich in diverse flora and fauna. This area encompasses a range of ecosystems from coastal lowlands to upland forests, each hosting a unique species. Here's an overview of the flora and fauna associated with Kohala the general area: Flora Coastal Lowlands Naupaka (Scaevola spp.): This shrub is common along the coast, known for its unique half-flowers. Hala (Pandanus tectorius): A tree with spiky leaves and large, pineapple-like fruits, often found in coastal areas. Dry Forests Wiliwili (Erythrina sandwicensis): A deciduous tree with bright orange flowers, adapted to dry environments. Koa (Acacia koa): A slow-growing hardwood tree, valued for its beautiful wood and found in both dry and wet forests. Wet Forests ʻŌhiʻa Lehua (Metrosideros polymorpha): A dominant tree species in many Hawaiian forests, known for its bright red flowers. Hapuʻu (Cibotium spp.): A type of tree fern that thrives in the wet, upland forests of Kohala. Native Plants Mamane (Sophora chrysophylla): A tree or shrub found in higher elevations, important for native bird species. Uluhe (Dicranopteris linearis): A fern that forms dense thickets in wetter areas. Fauna Birds Hawaiian Hawk (Buteo solitarius): Also known as ʻIo, this is the only hawk native to Hawai'i, often seen soaring over Kohala's forests. Hawaiian Crow (Corvus hawaiiensis): Known locally as 'Alalā, this critically endangered bird has been reintroduced to the wild in certain areas. Honeycreepers: Various species of honeycreepers, such as the ʻApapane and ʻIʻiwi, are found in the forests of Kohala, known for their colorful plumage and specialized feeding habits. Mammals Hawaiian Hoary Bat (Lasiurus cinereus semotus): The only native land mammal in Hawai'i, this bat can be seen at dusk hunting for insects. Hawaiian Mongoose (Herpestes javanincus): Is an invasive species introduced to Hawaii by old sugar plantations to control rat populations in the 1800s. Reptiles Geckos: Various species of geckos, both native and introduced, are common in Kohala. Skinks: Several skink species can be found in the region, inhabiting various environments from forests to grasslands. Conservation Efforts Kohala's diverse ecosystems are subject to conservation efforts aimed at protecting native species and habitats. Invasive species, habitat loss, and climate change pose significant challenges to the region's flora and fauna. This parcel is within a residential subdivision and the flora and fauna mentioned above may no longer be in the area that they once were. 3I. Public Access This parcel is in a residential area of Kohala Estates and the streets. This parcel is located on a cul-de-sac within Kohala Estates. This property is upslope from the main highway and the streets are approximately 20’ wide. While the public can use the roadways this parcel is not located at the shoreline or in a mountainous region. 3J. Access Description Access is through a residential subdivision street. The roads are paved, and this parcel is at the end of a cul-de-sac. The roadways vary in width from 20-30 feet. The roadway is in good condition. This is not a gated subdivision. 3K. Traffic Impacts Since there are no clients or employees using this office the traffic impacts are very minor. Instead of going into the old office will be eliminated and having a home office will lessen the amount of time that Ms. Fox is actually on the roadway by two (2) trips per day. 3L. Utilities All standard utilities exist 4A. Additional Information addressing A1-A6 Reasons for Granting the Special Permit Promotion of the Effectiveness and Objectives of Chapter 205 The proposed use aligns with the objectives of Chapter 205, which aims to promote agricultural sustainability, environmental protection, and rural development in Hawaii. Mary Fox’s business, as described in her background story, has transitioned to a home- based operation due to the reduced scale of her vacation rental management. This home- based business does not involve significant traffic, signage, or client visits, thereby maintaining the rural and residential character of the area. Granting the special permit will enable Mary to comply with her Real Estate License requirements and DCCA regulations without disrupting the neighborhood's tranquility. Unusual and Reasonable Use of the Parcel The proposal is an unusual and reasonable use of the parcel as it involves converting a small area (10x10 space) in a residential home into a workspace with minimal impact. This minor adjustment does not alter the agricultural or rural nature of the land, making it reasonable accommodation for a professional needing to work from home. Given the downsizing of her business and the lack of commercial infrastructure requirements, this use is both practical and appropriate. Impact on Surrounding Properties No Adverse Effects on Surrounding Properties The desired use will not adversely affect the surrounding properties. The business operations are confined indoors with no external modifications or visible signage. The absence of client visits and vendor interactions ensures that traffic and noise levels remain unchanged. This ensures that the residential and rural ambiance of the area is preserved, and neighbors are not disturbed by the business activities. Public Infrastructure Burden No Unreasonable Burden on Public Infrastructure The proposed use will not unreasonably burden public infrastructure. The home-based business does not demand additional public services such as road access, water supply (private water system), or sewage disposal beyond what a typical household requires. The infrastructure currently supporting residential use will suffice for the proposed professional activities, ensuring no additional strain on local resources. Character of the Parcel Maintaining the Character of the Parcel The use of a small indoor space for office work will not substantially alter or change the character of the parcel. The property will continue to function primarily as a residential home with an ancillary office use that is non-intrusive. This preservation of the residential nature is consistent with maintaining the rural and agricultural integrity of the area, aligning with the community's values and objectives as outlined in the North Kohala CDP. Alignment with General Plan and CDP Goals Consistency with General Plan and CDP The proposed use aligns with the goals, policies, and standards of both the General Plan and the North Kohala Community Development Plan (CDP). The North Kohala CDP emphasizes preserving rural character, supporting small businesses, and promoting sustainable land use practices. Mary Fox’s home-based business supports these goals by providing local employment without necessitating commercial development or infrastructural expansion. The use respects the historical, cultural, and natural resources of North Kohala, ensuring that the community's vision of sustainable and culturally sensitive development is upheld. PROPERTY LINE PROPERTY LINEPROPERTY LINEPROPERTY LINE PROPERTY LINEPROPERTY LINE SETBACK LINE SETBACK LINESETBACK LINE SETBACK LINECPR LINE 5-9-008-023-0002 UNIT 2 KAHUA SEA VIEW LOT 45C CONDO MAP 1136 1.5 ACRES (65,340 S.F.) 5-9-008-023-0001 UNIT 1 KAHUA SEA VIEW LOT 45C CONDO MAP 1136 1.5 ACRES (65,340 S.F.) GRAVEL DRIVEWAY GRAVEL DRIVEWAY SETBACK LINESETBACK LINEEXIST'G RESIDENCE (EXIST'G BLDG PERMIT #025721 5/28/2002) PROPOSED HOME OFFICE PERMIT AT EXIST'G RESIDENCE (EXIST'G BLDG PERMIT #985940 8/28/1998) NORTH 5-9-008-023-0000 UNITS 1 & 2 KAHUA SEA VIEW LOT 45C CONDO MAP 1136 3 ACRES (130,680 S.F.) ZONING: A-3a CONC. DRIVEWAY CONC. DRIVEWAY 2 MANGO TREES STARFRUIT TREE GUAVA TREE ORCHARD WITH ORANGE, TANGERINE, LEMON, GRAPEFRUIT, FINGER LIMES, & PAPAYA GARAGE LANAID R A W I N G T I T L E :C H E C K E D B Y : D R A W N B Y : P R O J E C T # : D R A W I N G N O : R E V I S I O N S I S S U E #DATE D A T E ISSUEMARY FOX RESIDENCE59-455 A ALA KAHUA DRIVEKAMUELA, HI 96743APRIL, 2024 FOX,MARY ANN TRSTPO BOX 7086KAMUELA HI 96743SITE PLANSITE PLAN SCALE: 1/32"=1'-0" A0.1 30' Setback DEPARTMENT OF PUBLIC WORKS COUNTY OF HAWAII H I LO, HAWAII DATE: October 23, 2024 TO: FROM: Zendo Kern, Planning Director Department of Public Works, Engineering Division SUBJECT: Special Permit Application (PL -SPP -2024-000074) Applicant: Mary Fox Request: To Allow a Home Office Under a Home Occupation Declaration TM K: 5-9-008: 023-0001 We have reviewed the subject request and provide the following comments: 1. The subject parcel is in an area designated as Zone X on the Flood Insurance Rate Map (FIRM) by the Federal Emergency Management Agency (FEMA). Zone X is an area determined to be outside the 500 -year floodplain. We have no other comments since the request is to use an existing dwelling that takes access from a privately owned road and there are no open violations associated with this property. Questions may be referred to Robyn Matsumoto at 961-8924. County of Hawaii is an Equal Opportunity Provider and Employer