HomeMy WebLinkAbout2025-05-30 Supplemental Information Board of Appeals case No. Claudia Rohr, PL-BOA-2025-000119
AMENDED PETITION ON APPEAL (originally filed May 1, 2025)
[General Petition for Appeal of a Decision by the
Planning Director in PL-SAA-2025-000280]
On May 1, 2025, Appellant Claudia Rohr filed a General Petition for Appeal of
a Decision by the Planning Director in PL-SAA-2025-000280 and a Decision by the
Department of Public Works Director to issue Building Permit No. PW. B2024-
005123 together. By Letter dated May 7, 2025, Appellant was informed that a
General Petition can be filed to appeal a Director's decision of the Planning
Department or the Department of Public Works, in the singular. Appellant was
instructed to correct a defective petition by filing separate petitions.
(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.
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 a fire hydrant on the corner of Oeoe Street and
Kalanianaole Street.
Richard and Deborah Standke have nonconforming use permits to operate
non-hosted short-term vacation rentals (STVR) at 14 Oeoe Street (four bedrooms for
12-persons, four parking spaces) and 16 Oeoe Street (five bedrooms for 16 persons,
seven stacked parking spaces), with vehicles that back out onto Oeoe Street through
side-by-side driveways because there is not enough off-street parking area to turn
round. The Standkes advertise their transient accommodation rentals together on
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their own website and suggest you book more than one.
https://hilovacationhomes.com/
In this case, adding a 240 SF lanai and a 240 SF covered deck will expand the
property's capacity to hold gatherings and parties, drawing even more vehicles
to Oeoe Street, with cumulative and secondary effects on the surrounding
neighborhood requiring a SMA permit procedure.
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Oeoe Street, Hilo, looking seaward towards Kalanianaole Street.
The silver van is backing out of the driveway for 14 Oeoe Street on the left.
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Oeoe Street, Hilo, looking mauka towards Nene Street. The driveway for
14 Oeoe Street is on the right.
(3) A plain statement of the nature of the appeal and the relief requested.
This is an appeal of the Planning Director's April 11, 2025 letter decision to
exempt the development described in PL-SAA-2025-000280 from SMA review.
Exhibit A.
Relief Requested:
Reverse the Planning Director's decision to exempt the project and Remand PL-SAA
2025-000280 with appropriate instructions for SMA permit procedures under PC Rule 9-
11, 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.
(4) A statement explaining:
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(A) How the decision appealed from violates the law:
The laws and rules that were violated are emphasized in bold and
underlined:
1. HRS §205A-22 Definitions provided that whenever the authority finds
that any excluded use, activity, or operation may have a cumulative impact,
or a significant environmental or ecological effect on a special management
area, that use, activity, or operation shall be defined as "development" for
the purpose of this part and therefore the Director's exemption does not
applies.
2. On-street and off-street parking and egress issues at 14 Oeoe Street are
directly traceable to the transient accommodation guests. The guests often
arrive in large groups that drive in separate vehicles. Too many vehicles
backing out onto Oeoe Street causes 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.
By failing to require a SMA permit procedure under PC Rule 9-11, the
Planning Director violated Planning Commission Rules of Practice
and Procedure (PC Rules), Rule 9-10(c) and (h):
PC Rule 9-10(c):
The Director shall assess the proposed use, activity or
operation upon the applicant' s compliance with Section 9-10B
based on the following criteria:
(1) The valuation of the proposed use, activity or operation.
(2) The potential effects and significance of each
specific circumstance of the use, activity or operation,
according to the criteria of significant adverse effect
established by Section 9- 10H. (emphasis added)
PC Rule 9-10 Assessment, part (h) Criteria of Significant
Adverse Effect, applies as follows.
Approving an exemption for development that increases the
capacity of the transient accommodation to hold gatherings and
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parties at 14 Oeoe Street increases dangerous road conditions
that:
(2) curtails the range of beneficial uses of the environment;1
(3) conflicts with the long-term environmental policies or goals
of the General Plan2 or the State Plana;
(4) significantly affects the economic or social welfare and
activities of the community, County or State; [See, Fn. 11
(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
1 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.
2 2005 General Plan, 2.2 Goals. "development and improvement shall be in balance
with the physical, social, and cultural environments of the Island of Hawaii;"
2005 General Plan, 4.2 Goals. "the most desirable use of land within the County
that achieves an ecological balance providing residents and visitors the quality of life
and an environment in which the natural resources of the island are viable and
sustainable;
3 §226-4 State goals. In order to ensure, for present and future generations, those
elements of choice and mobility that ensure that individuals and groups may
approach their desired levels of self-reliance and self-determination, it shall be the
goal of the State to achieve: (2) A desired physical environment, characterized by
beauty, cleanliness, quiet, stable natural systems, and uniqueness, that enhances the
mental and physical well-being of the people.
§226-8 Objective and policies for the economy—visitor industry. (b) To
achieve the visitor industry objective, it shall be the policy of the State to: (2) Ensure
that visitor industry activities are in keeping with the social, economic, and physical
needs and aspirations of Hawaii's people; (13) Minimize negative economic,
environmental, and social impacts to the State;
4 See, Special management area guideline, HRS §205A-26(2)(C) No development
shall be approved unless consistent with the county zoning and general plan.
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3. The building plans submitted with PL-SAA-2025-000280 has an
insufficient plot plan under PC Rule 9-10 Assessment (b)(2) "A plot plan
of the property, drawn to scale, with all proposed and existing structures
shown thereon and any other information necessary to a proper
determination relative to the specific request."
4. There is no parking layout that shows individually accessible parking
spaces reached from a driveway of proper design and width to allow for
passage of vehicles and necessary turning movements in violation of the
parking standards for STVRs, Zoning code, Sections 25-4-16(c)(2)(C),
(c)(5), and Section 25-4-54.
5. 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 PC 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
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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 reservation is for 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.(emphasis added)
6. 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 and must
explain how the use of a nook off of the foyer for a single bed and use of 2
hideaway queen sofa beds in the living room as additional sleeping areas
complies with their nonconforming use certificate's limitation of the use of
4 bedrooms as sleeping areas.
7. By allowing the construction project to proceed without any effort to
enforce the County's short-term vacation rental law, the Planning
Director violated zoning code Section 25-2-35, Section 25-4-16.3, and
Planning Department Rule 23-16(a):
STVRs in violation of HCC Chapter 25, any rule adopted
thereunder, or any permit or variance issued pursuant thereto,
shall be subject to enforcement pursuant to HCC Section 25-2-
35.
8. 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..." (emphasis
added) The Planning Director has turned a blind eye to the fact that the
Standke's operation violates the zoning code.
9. 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
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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 in
bold and italics)
(4) A statement explaining:
(B) How the decision appealed from is clearly erroneous:
The Planning Director's decision is clearly erroneous because PC Rule 9 and
Chapter 205A must now be read in pari materia with Act 17 (May 3, 2024) changes
to HRS § 46-4(a).
The Planning Director wrongfully approved the SMA exemption for
SMA use permit assessment application No. 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."
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(4) A statement explaining:
(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 arbitrary and
characterized by an abuse of discretion or clearly unwarranted exercise of discretion
because the decision was directly contrary to the findings and purpose of
Ordinance 2018-114, as well as Chapter 205A.
The purpose of Ordinance 2018-114, creating Zoning Code, Section 25-4-16
thru 16.3 (STVR), 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, reads as follows:
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. (emphasis added in italics)
(5) A clear and concise statement of any other relevant facts:
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The building and premises used for transient accommodations at 14 Oeoe St.
were wrongfully certified by the Planning Department by issuance of the NUCR
(2023) because the owners were operating a four-bedroom transient accommodation
rental without proper permits.
NUCR (2024) was wrongfully issued for a four-bedroom STVR without a
change form and updated site plan or a SMA assessment application, after the May
3, 2024 effective date of Act 17.
The Planning Department will process the NUCR (2025) without any Public
Notice or Notice to the neighbors, so I appeal the Planning Department's inevitable
decision to wrongfully certify the STRV at 14 Oeoe Street here.
No single-family lives at 14 Oeoe Street, 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. 2018-114 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
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.5
DATE: Hilo, Hawai'i, May 30, 2025
5 See also, PD Rule 23-7(b) "No new STVR can obtain a Registration under this
section."
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