HomeMy WebLinkAbout2024-12-13 Board of Appeals Agenda County of Hawai‘i
BOARD OF APPEALS
Aupuni Center • 101 Pauahi Street, Suite 3 • Hilo, Hawai'i 96720 (808) 961-8288 • Fax (808) 961-8742
Mitchell D. Roth
Mayor
Cathy Lewis, Chair Daina (Noe) Saiki, Vice Chair Rachel Able Stacey Aguiar Scott Martin Lisa McNamarra Scott Trefethen
AGENDA
NOTICE IS HEREBY GIVEN of hearings to be held by the Board of Appeals of the County of Hawai‘i in accordance with the provisions of Chapter 92-7, Hawai‘i Revised Statutes, as amended; Section 6-9.2 of the Charter of the County of Hawai‘i; and Rule 1-5 of the Board's Rules of
Practice and Procedure.
DATE: Friday, December 13, 2024
TIME: 9:30 a.m.
PLACE: West Hawaiʻi Civic Center Council Chambers, Building A 74-5044 Ane Keohokālole Highway, Kailua-Kona, HI 96740
Board of Appeals board members and applicants may attend via Zoom or in person. The public may provide verbal testimony by joining Zoom or via the physical location listed above. See “Submitting Testimony” below for more information.
The public will be able to view and listen to the live meeting at: https://www.youtube.com/@cohplanningdepartment/streams.
A full schedule of active Board of Appeals cases can be viewed on the Planning Department’s website. This schedule is updated regularly and will reflect changes made subsequent to the publication of this
agenda: https://records.hawaiicounty.gov/weblink/Browse.aspx?dbid=1&startid=103626. Minutes of the Board of Appeals meeting will be posted on the Planning Department’s website.
CALL TO ORDER
STATEMENTS FROM THE PUBLIC ON ITEMS ON THE AGENDA Pursuant to HRS 92-3 interested persons that want to provide oral testimony may do so either at the
time the board takes public statements on the agenda or at the time the specific agenda item is called or as otherwise allowed at the sole discretion of the Chair.
OLD BUSINESS
1. 1250 OCEANSIDE, LLC (PL-BOA-2024-000104) FINDINGS OF FACT, CONCLUSIONS OF LAW, AND DECISION AND ORDER TO DENY
Appeal of Planning Director Declaratory Ruling Docket No. 24-0001 dated April 29, 2024, in Response to C & J Coupe Family LP Petition for Declaratory Ruling (PL-INT-2024-007028) dated February 7, 2024, and Supplement to Petition for Declaratory Ruling dated March 27, 2024, Regarding the Dedication of Mauka Haleki`i Extension, Makai Haleki`i Extension, and Connector
Road to the County and a Request of Public Hearing. Location: Kealakekua, South Kona TMK: (3) 8-1-004:070 & 8-1-030:055
2. 1250 OCEANSIDE, LLC (PL-BOA-2024-000105) FINDINGS OF FACT, CONCLUSIONS OF LAW, AND DECISION AND ORDER TO DENY
Appeal of Planning Director Declaratory Ruling Docket No. 24-0002 dated April 29, 2024, in Response to 1250 Oceanside LLC Petition for Declaratory Ruling (PL-INT-2024-007099) dated February 28, 2024, Regarding Planning Director Not Ruling Upon Certain Requests, and Related to the Dedication of Mauka Haleki`i Extension, Makai Haleki`i Extension, and Connector Road.
Location: Kealakekua, South Kona TMK: (3) 8-1-004:070 & 8-1-030:055
NEW BUSINESS
3. I‘O PROCESSING COMPANY INC. DBA I‘O PROCESSING COMPANY (PL-BOA-2023-000065)
Appeal of Decision by the Director of Public Works Dated January 13, 2023, Regarding Denial of Declarations of Compliance for Agricultural Buildings. Location: 73-4103 Hawaiʻi Belt Road, Kailua-Kona, HI 96740 TMK: (3) 7-3-002:015
4. JOAQUIN BELISARIO (PL-BOA-2024-000101) Appeal of Decision by the Director of Public Works Dated February 20, 2024, Regarding Finding of No Violation (DPW24-009). Location: 76-785 Hualalai Road, Kailua-Kona, HI 96740 TMK: (3) 7-6-009:045
5. BEVERLY MARAGOS (PL-BOA-2024-000112) DIRECTOR OF PUBLIC WORKS MOTION TO DISMISS
Appeal of Decision by the Director of Public Works Dated June 20, 2024, Regarding Issuance of Permit No. 25910 to Work Within the County Right-of-Way.
Location: Kealakekua, South Kona TMK: (3) 8-3-015:113
EXECUTIVE SESSION
With reference to the agenda items listed, one or more executive meetings may be anticipated. The Board may convene an executive meeting pursuant to Chapter 92-5(a)(4), Hawai‘i Revised Statutes, as
amended, for the purpose of consulting with the Board’s attorney on questions and issues pertaining to the Board’s powers, duties, privileges, immunities, and liabilities. Pursuant to Chapter 92-4, Hawai‘i Revised Statutes, as amended, and Rule 1-5(e), Board of Appeals Rules of Practice and Procedure, an affirmative 2/3 vote of the members present is necessary to hold an executive meeting.
MINUTES
Approval of the October 11, 2024, Board of Appeals hearing minutes.
ADMINISTRATIVE MATTERS
Status of appeals filed on Board of Appeals decisions - Corporation Counsel
Status of outstanding petitions - Staff
ANNOUNCEMENTS
ADJOURNMENT
SUBMITTING TESTIMONY
To provide verbal testimony via Zoom, please use the link below to register no later than 4:00 p.m. on Wednesday, December 11, 2024.
https://www.zoomgov.com/meeting/register/vJItfuyrrDgtE8HLemRk-ZFDmOb-JbnQQTI
Written testimony may be submitted via email at boardofappeals@hawaiicounty.gov, by mail, or in person. Mail or hand-deliver written testimony to Hilo Planning Department at 101 Pauahi Street,
Suite 3, Hilo, Hawaiʻi 96720 up to two business days prior to the hearing by 4:30 p.m.
According to Board of Appeals Rules of Practice and Procedure 1-5 (i) 1-5, any person desiring to testify
shall indicate his or her name and residence address and indicate whether he or she is testifying on his or his own behalf, or as a representative of the applicant/appellant, or an organization.
Documents provided to members of this board for this meeting is available for public inspection online at https://records.hawaiicounty.gov/Weblink/Browse.aspx?dbid=1&startid=109683 or during regular
business hours at the Hilo office of the Planning Department, Aupuni Center, 101 Pauahi Street, Suite 3,
Hilo, Hawaiʻi and at the Kona office of the Planning Department, West Hawaiʻi Civic Center, 74-5044 Ane Keohokālole Highway, Building E, 2nd Floor, Kailua-Kona, Hawai‘i.
Notice to Lobbyists: If you are a lobbyist, you must register with the Hawai‘i County Clerk within five days of becoming a lobbyist. {Article 15, Section 2-91.3(b), Hawai‘i County Code} A lobbyist
means "any individual engaged for pay or other consideration who spends more than five hours in any month or $275 in any six-month period for the purpose of attempting to influence legislative or administrative action by communicating or urging others to communicate with public officials." {Article 15, Section 2-91.3(a)(6), Hawai‘i County Code} Registration forms and expenditure report
documents are available at the Office of the County Clerk, Hawai‘i County Building, 25 Aupuni Street, Room 1402, Hilo, Hawai‘i 96720.
If you need an auxiliary aid/service or other accommodation due to a disability, contact the Planning Department at (808) 961-8288 as soon as possible, and no later than five (5) working days prior to the meeting date. Requests made as early as possible have a greater likelihood of being fulfilled. Upon
request, this notice may be made available in alternate/accessible formats.
CATHY LEWIS, CHAIRPERSON BOARD OF APPEALS
Hawai‘i County is an Equal Opportunity Provider and Employer