HomeMy WebLinkAbout2025-05-01 PL-BOA-2025-000119 Petition L4O;NtY OF \! •,
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County of Hawai'i
BOARD OF APPEALS
Aupuni Center • 101 Pauahi, Suite 3 • Hilo,Hawaii 96720
(808)961-8288 • Fax(808)961-8742
GENERAL PETITION FOR APPEAL OF
DECISIONS BY PLANNING DIRECTOR OR PUBLIC WORKS DIRECTOR
(Type or legibly print the requested information. See instructions attached.)
TYPE OF PETITION (check one):
�■ Appeal Decision of the Planning Director Q Appeal Decision of Director of Public Works
SUBJECT PROPERTY (land in question):
Tax Map Key (TMK): (3)2-1-018-13 Area of Property: Leleiwi neighborhood, Hilo
State Land Use
Designation: LDU County Zoning: RS-15
Street Address: 14 Oeoe St., Hilo HI 96720
APPELLANT INFORMATION:
Name(s): Claudia Rohr
Signature(s): f-Q-�,t, , ,, Date: May 1, 2025
Mailing Address: 369 Nene St., Hilo, HI 96720
Telephone: (808) 640-5976 Email: CROHR4@GMAIL.COM
Interest in Subject My property boundary is 210 feet from TMK (3) 2-1-18-13. I use Oeoe St. for access
Property: to my driveway, for fire protection and emergency services.
LANDOWNER INFORMATION:
Name(s): Richard and Deborah Standke
Signature(s)1: Date:
Mailing Address: 2448 E. Orangeview Lane
Orange, CA 92867
Telephone: Email:
APPELLANT REPRESENTATIVE INFORMATION (leave blank if not applicable):
Name(s)/Title(s):
Signature(s): Date:
Mailing Address:
Telephone: Email:
Not required if the Landowner is not the Appellant.
\\COH01\planning\public\BOA\Forms and Labels\Application Forms\APPEAL 2021-07-PL or PW Dir.docx Revised April 2021
Statement of the nature of Appeal and the Relief Requested. Include Director's decision and decision
date:
See attached Supplement
Statement of how the Director's decision violates the law; or is clearly erroneous; or is arbitrary or
capricious, or characterized by an abuse of discretion or clearly unwarranted exercise of discretion:
See attached Supplement
Statement of any other relevant facts:
See attached Supplement
If there is insufficient space on this form to provide the information, then please include supplemental documents.
\\COH01\planning\public\BOA\Forms and Labels\Application Forms\APPEAL 2021-07-PL or PW Dir.docx Revised April 2021
SUPPLEMENT TO PETITION ON APPEAL
(1) The name, address, email, and telephone number of the appellant.
CLAUDIA ROHR
369 Nene St.
Hilo, Hawai'i 96720
Phone: (808) 640-5976
crohr4@gmail.com
(2) A description of the property involved in the appeal, including the tax
map key number of the property, and the appellant's interest in the
property.
The property involved is TMK (3)2-1-18-13, 14 Oeoe Street, Hilo, Hawai'i
96720. The owners are Richard and Deborah Standke.
My east property boundary, TMK (3)-2-1-018-005, is 210-feet from the west
property boundary of TMK 3-2-1-18-13.
Richard and Deborah Standke have conditional use permits to operate
nonhosted short-term vacation rentals (STVR) at 14 Oeoe Street and 16 Oeoe Street,
with combined parking spaces for eleven stacked vehicles that back out onto Oeoe
Street through side-by-side driveways. They advertise their rentals together on their
own website and suggest you book more than one.
I rely on Oeoe street to take my walks down to Leleiwi and Richardson's
beaches, to access my driveway at 369 Nene Street, and to receive emergency services,
including fire trucks that hook-up to fire hydrants on Kalanianaole Street.
On-street and off-street parking and egress issues at 16 Oeoe Street and 14
Oeoe Street are directly traceable to the transient accommodation guests staying at
these properties. The guests staying at this location often arrive in large groups' that
drive in separate cars that cause significant adverse effects on the surrounding
community— blocking vehicles turning onto Oeoe Street from Kalaianaole Street
creating a dangerous road condition, tsunami evacuation congestion, diminished fire
protection and access to other emergency services, and unsafe conditions for bicyclists
and pedestrians under the standard of review outlined in Planning Commission Rules
1 The owners advertise 16 Oeoe Street"sleeps twenty people", and 14 Oeoe Street "sleeps 12 people."
1
of Practice and Procedure, Rule 9-10 Assessment, part (h) Criteria of Significant
Adverse Effect, because increasing the capacity of the transient accommodation to
hold gatherings and parties at 14 Oeoe Street:
(2) curtails the range of beneficial uses of the environment;2
(3) conflicts with the long-term environmental policies or goals of the
General Plan3 or the State Plan;
(4) significantly affects the economic or social welfare and activities of
the community, County or State; [See, Fn. 1.]
(10) is contrary to the objectives and policies of the Coastal Zone
Management Program and the Special Management Area Guidelines of
Chapter 205A, HRS.4
In this case, adding a 240 SF lanai and a 240 S cover deck will expand the
property's capacity to hold gatherings and parties, drawing even more vehicles
to Oeoe St., with cumulative and secondary effects on the surrounding neighborhood.
[continued next page]
2 Nene St. and its side streets is widely used as a pedestrian travel way by the residents of Leleiwi
Neighborhood and as a pedestrian, scooter, and electric bicycle connection between Kings Landing
Homestead lots, Keaukaha tract II and Keaukaha Tract I. Residents of the greater Keaukaha
Community use Nene St.to walk or bike to and from the beach parks or local schools or fishing grounds
as a safe travel way away from vehicular traffic and cars parked in the paved road shoulder on
Kalanianaole Street.
3 See in proposed 2045 General Plan, Table 56: Transportation Access and Mobility, item # 22.a:
"Amend the County code to incorporate Vision Zero safety principles..." §46-4 County zoning. Zoning
in all counties shall be accomplished within the framework of a long-range, comprehensive general
plan prepared or being prepared to guide the overall future development of the county.
4 §205A-2 Coastal zone management program; objectives and policies; and §205A-26 Special
management area guidelines.
2
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(3) A plain statement of the nature of the appeal and the relief requested.
A. This is an appeal of the Planning Director's decision to exempt the
development described in PL-SAA-2025-000280 from SMA review.
B. This is an appeal of the Director of Public Works decision to issue Building
Permit No. PW.B2024-005123, an owner builder permits, to a registered STVR
before the SMA assessment application was acted upon.
Relief Requested:
A. Reverse the Planning Director's decision to exempt the project and Remand PL-SAA
2025-000280 with appropriate instructions for SMA review of the project,based upon the
preponderance of evidence, that: (1) The director erred in his decision and it is clearly
erroneous in view of the reliable, probative, and substantial evidence on the whole
record; (2) The decision violated the Code and other applicable laws; and(3) The
decision was characterized by an abuse of discretion or clearly unwarranted exercise of
discretion.
B. Reverse the Director of Public Works' decision to issue an owner builder permit to a
registered STVR before the SMA assessment application was acted upon, and remand
Building Permit No. PW.B2024-005123 with appropriate instructions, based upon the
preponderance of evidence, that: (1) The director of Public Works erred in his decision
and it is clearly erroneous in view of the reliable,probative, and substantial evidence on
the whole record; (2) The decision violated the Code and other applicable laws; and (3)
The decision was characterized by an abuse of discretion or clearly unwarranted exercise
of discretion.
(4) A statement explaining:
(A) How the decision appealed from violates the law:
Director of Public Works:
14 Oeoe Street has been registered and certified under zoning code section
25-4-7 Short-term Vacation Rentals (STVR) and Planning Department Rule 23
since 2019. The yearly nonconforming use certificate renewals (NUCR) are clearly
displayed in EPIC for the building department to see. Turning a blind eye and
issuing a building permit for work on premises known to be a STVR violates HRS
§444-2.5 Owner-builder exemption.
"Owner-builder" means owners or lessees of property who build or improve buildings or structures
on their property for their own use, or for use by their immediate family. This definition shall not
preempt owner-builder by exemption as defined by section 444-2.5, Hawai`i Revised Statutes.
4
Planning Director:
By failing to require a SMA permit procedure under Planning Commission
Rule 9-11, the Planning Director violated Planning Commission Rule 9-10
Assessment, part (h) Criteria of Significant Adverse Effect because increasing the
capacity of the transient accommodation to hold gatherings and parties at 14 Oeoe
Street:
(2) curtails the range of beneficial uses of the environment; [See, Fn. 2]
(3) conflicts with the long-term environmental policies or goals of the
General Plan [Fn. 3] or the State Plan;
(4) significantly affects the economic or social welfare and activities of
the community, County or State; [See, Fn. 1.]
(10) is contrary to the objectives and policies of the Coastal Zone
Management Program and the Special Management Area Guidelines of
Chapter 205A, HRS. [Fn. 4.]
Under the zoning code, section 25-1-5 Definitions and Planning Department
Rules of Practice and Procedure, Rule 23-3 Definitions:
"Dwelling unit" means one or more rooms designed for or containing or
used as the complete facilities for the cooking, sleeping and living area
of a single-family only and occupied by no more than one family and
containing a single kitchen.
"Family" means 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.
"Short-Term Vacation Rental" (STVR) means a dwelling unit of which
the owner or operator does not reside on the building site, that has no
more than five bedrooms for rent on the building site and is rented for
a period of thirty consecutive days or less.
Under Planning Commission Rule 9-4(u), definitions:
"Single-Family Residence" means a detached building designed for
and/or used as the complete facility for cooking, sleeping and living
area of a single family only and occupied by no more than one family.
Single family residences may include uses or structures normally
considered accessory to the single family facilities provided that any
5
such uses or structures are situated on the same lot or building site
and are in compliance with all requirements of any county or state
regulation, statute, or ordinance. A single family shall include all
persons living in a dwelling related by blood, marriage or by adoption
or a group comprised of not more than five persons not related by
blood, marriage or by adoption. (emphasis added).
The Standkes rent out their 14 Oeoe Street "beach house" to groups of 12
individuals using their own website and an independent, AI driven, online
registration platform which does not require or verify that the group registration is
a single family.
The Standkes' business model violates the zoning code, Sections 25-1-5
and 25-4-16.2 Prima facie evidence; short-term vacation rentals:
Advertising of any sort that offers a property as a short-term vacation
rental shall constitute prima facie evidence that a short-term vacation
rental is operating on that property. The burden of proof shall be on
the owner or operator to establish either that the property is not being
used as a short-term vacation rental or that it is being used for such
purpose legally.
The Planning Director violated the zoning code section 25-4-16.3 by
allowing the construction project to proceed without any effort to enforce the
County's short-term vacation rental law despite that the Standkes have the burden
of proof that the dwelling unit at 14 Oeoe Street has only been rented to one single
family at a time.
The Planning Director violated HRS §205A-26(2)(C), which commands: No
development shall be approved unless the authority has first found that the
development is consistent with the county zoning.
In granting an exemption under HRS §205A-22(2)(A), (F), and (0), the
Planning Director violated HRS 46-4(a). ("... In no event shall the amortization or
phasing out of nonconforming uses apply to any existing building or premises used
for residential (single-family or duplex) or agricultural uses; provided that uses that
include the furnishing or offering of transient accommodations shall not be
considered residential or agricultural uses and may be phased out or amortized in
any zoning district by county zoning regulations;...") (emphasis added)
(B) How the decision appealed from is clearly erroneous:
Planning Commission Rule 9 and Chapter 205A must now be read in pari
materia with Act 17 (May 3, 2024) changes to HRS § 46-4(a), as follows:
6
In no event shall [such] the amortization or phasing out of
nonconforming uses apply to any existing building or premises used for
residential (single-family or duplex) or agricultural usesjj; provided
that uses that include the furnishing or offering of transient
accommodations shall not be considered residential or
agricultural uses and may be phased out or amortized in any
zoning district by county zoning regulations; provided further
that a zoning ordinance may provide that transient
accommodations may be furnished to a transient for a period
of less than one hundred eighty consecutive days.
The Planning Director wrongfully approved the SMA exemption for PL-SAA-
2025-000280 after the May 3, 2024 effective date of Act 17.
Specifically, the Director erroneously overlooked the following facts:
(1) The building and/or the premises used for transient accommodations at 14
Oeoe St. is neither a residential use under state law, §46-4(a) (2024), nor
an existing "single-family residence" under Planning Commission Rule 9-
4(u), definitions:
Single-Family Residence" means a detached building designed for
and/or used as the complete facility for cooking, sleeping and
living area of a single family only and occupied by no more than
one family. Single family residences may include uses or
structures normally considered accessory to the single family
facilities provided that any such uses or structures are situated
on the same lot or building site and are in compliance with all
requirements of any county or state regulation, statute, or
ordinance. A single family shall include all persons living in a
dwelling related by blood, marriage or by adoption or a group
comprised of not more than five persons not related by blood,
marriage or by adoption. (emphasis added).
(2) The additions proposed by PL-SAA-2025-000280 are not "repair,
maintenance, or interior alterations" because they are additions to the
footprint of the structure and "new."
(C) How the decision appealed from was arbitrary and characterized
by an abuse of discretion or clearly unwarranted exercise of
discretion:
The Planning Director's decision appealed from was directly contrary to the
findings and purpose of Ordinance 2018-114, as well as Chapter 205A.
7
The purpose of Ordinance 2018-114, creating Zoning Code, Section 25-4-16-
16.3, is as follows:
SECTION 1. Findings and Purpose. The short-term rental of
residential units, as an alternative to traditional resort and hotel
accommodations, is an emerging trend in the visitor industry that
continues to grow in popularity.
The purpose of this ordinance is to manage the impacts of these short-
term vacation rentals by: 1) defining where this use will be allowed; 2)
establishing provisions and standards to regulate this use; and 3)
providing an avenue for an existing use deemed to be improper by this
ordinance, to apply for a nonconforming use certificate that would
allow them to continue to operate in a non-permitted district.
(emphasis added in italics)
§205A-21 Findings and purposes.
The legislature finds that, special controls on developments within an
area along the shoreline are necessary to avoid permanent losses of
valuable resources and the foreclosure of management options, and to
ensure that adequate access, by dedication or other means, to public
owned or used beaches, recreation areas, and natural reserves is
provided. The legislature finds and declares that it is the state policy
to preserve, protect, and where possible, to restore the natural
resources of the coastal zone of Hawaii.
(5) A clear and concise statement of any other relevant facts:
The building and premises used for transient accommodations at 14 Oeoe St.
was wrongfully certified by the Planning Department by issuance of NUCR (2023
and 2024) and will be wrongfully certified in 2025. No single-family lives there, the
owners never previously established a single-family use, and the owners do not
verify or regulate that only a "single-family", as defined by Planning Commission
Rule 9-4(u), can rent the premises.
Ord. 16-114 did not authorize interior renovations to create additional
bedrooms or exterior enlargement of the existing building or premises to create
additional gathering space under strict statutory interpretation. Planning
8
Department Rule 23 administers the zoning code, Section 25-4-60-63 and does not
and cannot authorize what the zoning code does not expressly authorize.6
6 See also, PD Rule 23-7(b) "No new STVR can obtain a Registration under this
section."
9
April 11, 2025
Richard Standke
2448 E. Orangeview Lane
Orange, CA 92867
VIA EMAIL
Dear Richard Standke:
SUBJECT: Special Management Area (SMA) Use Permit Assessment Application
(PL-SAA-2025-000280)
Applicant: Richard Standke
Landowner: Richard & Deborah Standke
Request: Return of Application
TMK: (3) 2-1-018:013; South Hilo District, Hawaii
This letter is in response to your Special Management Area (SMA) Use Permit Assessment
Application submitted to our office on March 31, 2025. You requested approval to construct a
first-floor concrete deck, a second-floor lanai, internal stairs, and to replace the roof of a single-
family residence located within the SMA. Please note that this property is not a shoreline parcel.
As defined by Planning Commission(PC) Rule 9-4(s), the "shoreline"refers to:
"...the upper reaches of the wash of waves, other than storm and seismic waves, at high tide
during the season of the year in which the highest wash of the waves occurs, usually
evidenced by the edge of vegetation growth, or the upper limit of debris left by the wash of the
waves. "
Given the property's inland location and the scope of the proposed work, which includes both
interior and exterior improvements to an existing single-family residence, the project qualifies as
an exempt action pursuant to Planning Commission Rule 9 and Hawai`i Revised Statutes (HRS)
Chapter 205A.
EXHIBIT A, pg. 1 of 2
April 11, 2025
Specifically:
1. Under Planning Commission Rule 9-4(i)(2), the term"development" does not include:
o (A) Construction or reconstruction of a single-family residence less than 7,500
square feet in floor area, not situated on a shoreline parcel or one affected by
waves, storm surges, high tide, or shoreline erosion, and not part of a larger
development.
o (F) Repair,maintenance, or interior alterations to existing structures or uses.
o (0) Structural and non-structural improvements to existing single-family
residences, where otherwise permissible.
2. Similarly, under HRS §205A-22(2), "development" does not include:
o (A) Construction or reconstruction of a single-family residence less than 7,500
square feet, not located on a shoreline parcel or one impacted by coastal hazards,
and not part of a larger development.
o (F) Repair,maintenance, or interior alterations to existing structures.
o (N) Structural and non-structural improvements to existing single-family
residences, where otherwise permissible.
Based on these provisions, your project qualifies as an exempt action under County Planning
Commission Rule 9. Therefore, an SMA permit is not required, and application PL-SAA-2025-
000280 is no longer necessary. We are returning your application and will be processing a refund
of your application fee.
As part of the building permit application process, Planning staff will review and complete a
SMA short form to complete the SMA review.
If you have any questions, please feel free to contact Alukahe Kala of this department at (808)
961-8170 or via email at Alukahe.Kala@hawaiicounty.gov.
Sincerely,
t7 / 1j W. Dan-ow
Jeffrey Darrow(Apr 11,2025 14:46 HST)
JEFFREY W. DARROW
Planning Director
AK:rms
P:Awpwin60\czm\letters\2025\pl-saa-2025-000280_return app_no_sma needed--ver-2.doc
cc via email: Planning Fiscal
EXHIBIT A, pg. 2 of 2
...
,V4ibrf.'1_4( BUILDING PERMIT
rFOFNP�
BUILDING DIVISION
DEPARTMENT OF PUBLIC WORKS
COUNTY OF HAWAI'I
A PERMIT HAS BEEN ISSUED FOR THE PERFORMANCE OF CERTAIN BUILDING, ELECTRICAL, AND/OR
PLUMBING WORK IN ACCORDANCE WITH ALL COUNTY AND STATE LAWS AS FOLLOWS:
PERMIT NO. PW.B2024-005123 DATE ISSUED 4/1/2025 EXPIRATION DATE 4/1/2031
TMK 2-1-018-013-0000 LOCATION 14 OEOE ST; HI
OWNER/TENANT
BUILDING CONTRACTOR Owner-Builder
ELECTRICAL CONTRACTOR(S) NOT SPECIFIED
PLUMBING CONTRACTOR(S) NOT SPECIFIED
NOTICE TO BUILDERS
THIS NOTICE MUST BE POSTED IN A CONSPICUOUS PLACE ON THE SITE DURING THE PROGRESS OF WORK AS REQUIRED BY LAW.
FAILURE TO COMPLY WILL RESULT IN A$100 PERMIT PLACARD POSTING FINE
Requests for permit deadline extensions shall be submitted in writing to the authority having jurisdiction at least thirty days prior to the permit expiration
date and an acknowledgement by the authority having jurisdiction will be sent upon receipt."
Hawaii County Code Section 5-5-5(b)
Please notify the inspector at least 48 hours prior to each desired inspection.
(A FEE OF$100 PER INSPECTION MAY BE ASSESSED WHEN THE REQUESTED PHASE OF CONSTRUCTION IS NOT COMPLETE OR READY)
1. FOUNDATION INSPECTION-Termite treatment certificate.After footing excavations are complete and required reinforcing steel forms are in place.
After all in-slab or under-floor ancillary items are in place.
2. FRAME INSPECTION-After the roof,all framing,fire blocking,bracing,and metal connectors are in place;all pipes,chimneys and vents are completed;
and the rough electrical,plumbing or mechanical installations are approved.
3. INSULATION INSPECTION-(as required)After framing inspection and before the lathing inspection.
4. LATHING INSPECTION-(as required)After all lathing and gypsum board,interior and exterior,in construction required to be fire-resistive is in place but
before gypsum board joints and fasteners are taped and finished.
5. FINAL INSPECTION-After finish grading and the building is completed and ready for occupancy.
6. In addition to the required inspections specificed above,the Building Official may require other inspections to ascertain compliance with the applicable
building regulations.
ELECTRICAL INSPECTIONS-Required for all electrical phases of work as declared.Inspection must be requested by the electrician licensed per HRS 448E.
Reference Article 8."Inspections"of Hawaii County Code Chapter 5.
PLUMBING INSPECTIONS-Required for all plumbing phases of work as declared.Inspection must be requested by the plumber licensed per HRS 448E.
Reference Article 8."Inspections"of Hawaii County Code Chapter 5.
HILO: (808) 961-8331 KONA: (808) 323-4720
HAWAII COUNTY IS AN EQUAL OPPORTUNITY PROVIDER AND EMPLOYER
EXHIBIT AA, pg. 1 of 1