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HomeMy WebLinkAbout2025-10-22 Appellants Exhibits 4-6_SAA, Complaint, PL-SAA-2025-000280 Return Ltr County of Hawaii Planning Department www.hi lannin d t.corn planning@co.hawaii.hi.us P B eP P S� East Hawaii Office• 101 Pauahi Street,Suite 3 Hilo,Hawai`i 96720 Phone(808)961-8288 Fax(808)961-8742 +r�Tor N►•'N�`� West Hawaii Office • 74-5044 Ane Keohokalole Hwy • Kailua-Kona,Hawai`i 96740 Phone(808)323-4770 • Fax(808)327-3563 SPECIAL MANAGEMENT AREA USE PERMIT ASSESSMENT APPLICATION APPLICANT INFORMATION(Applicant is the person or entity actually responsible for the proposed use, activity or operation—typically the landowner or lessee.) APPLICANT'S NAME(S): Richard Standke ADDRESS: 2448 E Orangeview lane CITY: Orange STATE: CA ZIP CODE: 92867 EMAIL: richard.standke@gmail.com PHONE NUMBER(S): bus: hm/cell: 818 357-6889 SIGNATURE(S): DATE: 3/14/2025 LANDOWNER INFORMATION ] SAME AS APPLICANT (may leave this section blank) LANDOWNER'S NAME(S): Richard & Deborah Standke ADDRESS: 2448 E Orangeview Lane CITY: Orange STATE: CA ZIP CODE: 92867 EMAIL: richard.standke@gmail.com PHONE NUMBER(S): bus: hm/cell: 818 357-6889 SIGNATURE(S): DATE: ❑✓ Landowner agrees to grant representatives of the County of Hawai`i the right to enter the property at reasonable business hours for the purpose of site inspection. AUTHORIZED AGENT/CONTACT PERSON CONTACT NAME(S): Richard Standke ADDRESS: 2448 E Orangeview Lane CITY: Orange STATE: CA ZIP CODE: 92867 EMAIL: richard.standke@gmail.com PHONE NUMBER(S): bus: hm/cell: 818 357-6889 SIGNATURE(S): DATE: 3/14/2025 TAX MAP KEY(S): 3-2-1-018-013 APPELLANT EXHIBIT- 4, pg. 1 of 10 FLOOD ZONE (Can be obtained from the Department of Public Works- Engineering Division): NATURE OF DEVELOPMENT/ACTIVITY: 1. Currently the upper main floor sits above two bedrooms below. There is no internal staircase connecting the two parts of the house. This adds stairs in the living room to the lower bedrooms. 2. The plans add a lanai to the upper floor in front of the current house living room. It will be the width of the house (20' ) and exend 12' in front of the house. 3. The current roof will extend over the new lanai. At the same time the old roof will be replaced. TOTAL COST/FAIR MARKET VALUE OF DEVELOPMENT: $25 7 000 DATE OF APPLICATION 3/14/2025 APPELLANT EXHIBIT- 4, pg. 2 of 10 PLEASE PROVIDE THE FOLLOWING ADDITIONAL INFORMATION: 1. A description of the proposed development in sufficient detail to convey the full extent of the improvement proposed to and upon the land. For example, in the construction of a structure, specify the amount of land area to be graded and leveled to accommodate the proposed structure,parking area and other related facilities. 2. A statement of objectives of the proposed project. 3. A description of the anticipated impacts of the proposed project on the Special Management Area(SMA), including: a. Description of the area involved,including existing uses, structures, vegetation, and other features. b. Description of surrounding area and land uses. c. The relationship of the proposed action to land use plans,policies, and control of the affected area; d. Description of how the proposed project will affect the area involved and surrounding areas. e. Description of impacts which cannot be avoided and mitigating measures proposed to minimize that impact. f. Alternatives to the proposed project. g. Any irreversible and irretrievable commitment of resources. 4. A written description of the anticipated impacts of the proposed development on valued cultural,historical or natural resources on or in the vicinity of the property, to include: a. The identity and scope of valued cultural, historical, or natural resources in the area, including the extent to which traditional and customary native Hawaiian rights are exercised in the area; b. The extent to which those resources, including traditional and customary native Hawaiian rights, will be affected or impaired by the proposed action; and c. The feasible action,if any, to be taken to reasonably protect any valued cultural, historical or natural resources, including any existing traditional and customary native Hawaiian rights. APPELLANT EXHIBIT- 4, pg. 3 of 10 5. A written statement discussing the proposed development and anticipated impacts of the proposed development on the following in relationship to the objectives and policies as contained in Chapter 205A,HRS, and the SMA Guidelines: a. Recreational resources; b. Historic resources; c. Scenic and Open Space resources; d. Coastal Ecosystems; e. Economic Uses; and f. Coastal Hazards. THIS APPLICATION SHALL BE ACCOMPANIED BY THE FOLLOWING: If available,please provide a compact disc containing an electronic .tif file of all plans larger than 8.5"x 11"that are submitted with this application. 1. A filing fee of fifty dollars ($50). (Checks shall be made payable to the County Director of Finance). 2. A shoreline survey of the subject property, as certified by the Chairman of the Board of Land and Natural Resources,when the subject property abuts the shoreline. The certified shoreline survey shall be prepared m accordance with the Department of Land and Natural Resources Rules of Practice and Procedure. A request to waive the need to prepare a certified shoreline survey may be submitted in writing to the Planning Director. Circumstances that may warrant the issuance of a certified shoreline survey waiver include cases where the entire shoreline fronting the subject property is "fixed"by a man- made structure such as a seawall or revetment or when the proposed development will be situated at a considerable distance from the shoreline. 3. A site plan of the subject property, drawn to scale, showing all existing and proposed structures,uses and activities. Information such as the extent of any land alteration (grading)activities and the location of a cliff or other distinctive land features should be shown on the plans. Photographs of the subject property and the project site showing existing conditions are not required but would greatly facilitate the review process. 4. Identification and detailed information of existing public access to and along the shoreline and whether the access is being used. APPELLANT EXHIBIT- 4, pg. 4 of 10 5. If the proposed activity is the construction, enlargement, or reconstruction of a single- family residence,the application must be accompanied by a floor plan including the total floor area* calculation. Please note that pursuant to Hawai`i Revised Statutes, any single-family residence seven thousand five hundred(7,500) square feet of floor area, or greater,will require a Special Management Area(Major)Use Permit. * Floor area shall be the total area of all floors of a building(s)associated with the single- family residence, including a basement,measured along the exterior walls of such building(s). The floor area of a building(s), or portion thereof,not provided with surrounding exterior walls shall be the usable area under the horizontal projection of the roof or floor above(ie. storage, garages, carports, and lanais under roof are to be included). 6. Any other plans or information that may be required by the Planning Director. A Final Environmental Assessment or Final Environmental Impact Statement which has been declared adequate under the National Environmental Policy Act(NEPA)or under Chapter 343, HRS, may constitute a valid filing under this section. The submittal of an incomplete application will delay official acceptance by the Department. Furthermore, additional information may be requested by the Department during the course of the review process. If you have any questions about your submittal, please contact the Planning Department prior to finalizing your submittal. Please note that pages 6-10 of the application do not need to accompany your submittal. APPELLANT EXHIBIT- 4, pg. 5 of 10 HAWAI I REVISED STATUTES §205A-2 Coastal zone management program;objectives and policies. (a) The objectives and policies in this section shall apply to all parts of this chapter. (b) Objectives. (1) Recreational resources; (A)Provide coastal recreational opportunities accessible to the public. (2) Historic resources; (A)Protect,preserve,and,where desirable,restore those natural and manmade historic and prehistoric resources in the coastal zone management area that are significant in Hawaiian and American history and culture. (3) Scenic and open space resources; (A)Protect,preserve,and,where desirable,restore or improve the quality of coastal scenic and open space resources. (4) Coastal ecosystems; (A)Protect valuable coastal ecosystems,including reefs,from disruption and minimize adverse impacts on all coastal ecosystems. (5) Economic uses; (A)Provide public or private facilities and improvements important to the State's economy in suitable locations. (6) Coastal hazards; (A)Reduce hazard to life and property from tsunami, storm waves, stream flooding,erosion, subsidence,and pollution. (7) Managing development; (A)Improve the development review process,communication,and public participation in the management of coastal resources and hazards. (8) Public participation; (A)Stimulate public awareness,education,and participation in coastal management. (9) Beach protection; (A)Protect beaches for public use and recreation. (10) Marine resources; (A)Promote the protection,use,and development of marine and coastal resources to assure their sustainability. (c) Policies. (1) Recreational resources; (A)Improve coordination and funding of coastal recreational planning and management;and (B) Provide adequate,accessible,and diverse recreational opportunities in the coastal zone management area by: (i) Protecting coastal resources uniquely suited for recreational activities that cannot be provided in other areas; (ii) Requiring replacement of coastal resources having significant recreational value including,but not limited to,surfing sites,fishponds,and sand beaches,when such resources will be unavoidably damaged by development;or requiring reasonable monetary compensation to the State for recreation when replacement is not feasible or desirable; (iii) Providing and managing adequate public access,consistent with conservation of natural resources,to and along shorelines with recreational value; (iv) Providing an adequate supply of shoreline parks and other recreational facilities suitable for public recreation; (v) Ensuring public recreational uses of county,state,and federally owned or controlled shoreline lands and waters having recreational value consistent with public safety standards and conservation of natural resources; (vi) Adopting water quality standards and regulating point and nonpoint sources of pollution to protect,and where feasible,restore the recreational value of coastal waters; (vii) Developing new shoreline recreational opportunities,where appropriate, such as artificial lagoons, artificial beaches, and artificial reefs for surfing and fishing;and APPELLANT EXHIBIT- 4, pg. 6 of 10 (viii)Encouraging reasonable dedication of shoreline areas with recreational value for public use as part of discretionary approvals or permits by the land use commission,board of land and natural resources,and county authorities; and crediting such dedication against the requirements of section 46-6. (2) Historic resources; (A)Identify and analyze significant archaeological resources; (B) Maximize information retention through preservation of remains and artifacts or salvage operations;and (C) Support state goals for protection,restoration,interpretation,and display of historic resources. (3) Scenic and open space resources; (A)Identify valued scenic resources in the coastal zone management area; (B) Ensure that new developments are compatible with their visual environment by designing and locating such developments to minimize the alteration of natural landforms and existing public views to and along the shoreline; (C) Preserve,maintain,and,where desirable,improve and restore shoreline open space and scenic resources;and (D)Encourage those developments that are not coastal dependent to locate in inland areas. (4) Coastal ecosystems; (A)Exercise an overall conservation ethic,and practice stewardship in the protection,use,and development of marine and coastal resources; (B) Improve the technical basis for natural resource management; (C) Preserve valuable coastal ecosystems,including reefs,of significant biological or economic importance; (D)Minimize disruption or degradation of coastal water ecosystems by effective regulation of stream diversions,channelization,and similar land and water uses,recognizing competing water needs;and (E) Promote water quantity and quality planning and management practices that reflect the tolerance of fresh water and marine ecosystems and maintain and enhance water quality through the development and implementation of point and nonpoint source water pollution control measures. (5) Economic uses; (A)Concentrate coastal dependent development in appropriate areas; (B) Ensure that coastal dependent development such as harbors and ports,and coastal related development such as visitor industry facilities and energy generating facilities,are located, designed,and constructed to minimize adverse social,visual,and environmental impacts in the coastal zone management area; and (C) Direct the location and expansion of coastal dependent developments to areas presently designated and used for such developments and permit reasonable long-term growth at such areas,and permit coastal dependent development outside of presently designated areas when: (i) Use of presently designated locations is not feasible; (ii) Adverse environmental effects are minimized; and (iii)The development is important to the State's economy. (6) Coastal hazards; (A)Develop and communicate adequate information about storm wave,tsunami,flood,erosion, subsidence,and point and nonpoint source pollution hazards; (B) Control development in areas subject to storm wave,tsunami,flood,erosion,hurricane,wind, subsidence,and point and nonpoint source pollution hazards; (C) Ensure that developments comply with requirements of the Federal Flood Insurance Program; and (D)Prevent coastal flooding from inland projects. (7) Managing development; (A)Use, implement,and enforce existing law effectively to the maximum extent possible in managing present and future coastal zone development; (B) Facilitate timely processing of applications for development permits and resolve overlapping or conflicting permit requirements;and APPELLANT EXHIBIT- 4, pg. 7 of 10 (C) Communicate the potential short and long-term impacts of proposed significant coastal developments early in their life cycle and in terms understandable to the public to facilitate public participation in the planning and review process. (8) Public participation; (A)Promote public involvement in coastal zone management processes; (B) Disseminate information on coastal management issues by means of educational materials, published reports,staff contact,and public workshops for persons and organizations concerned with coastal issues,developments,and government activities; and (C) Organize workshops,policy dialogues, and site-specific mediations to respond to coastal issues and conflicts. (9) Beach protection; (A)Locate new structures inland from the shoreline setback to conserve open space,minimize interference with natural shoreline processes,and minimize loss of improvements due to erosion; (B) Prohibit construction of private erosion-protection structures seaward of the shoreline,except when they result in improved aesthetic and engineering solutions to erosion at the sites and do not interfere with existing recreational and waterline activities;and (C) Minimize the construction of public erosion-protection structures seaward of the shoreline. (10) Marine resources; (A)Ensure that the use and development of marine and coastal resources are ecologically and environmentally sound and economically beneficial; (B) Coordinate the management of marine and coastal resources and activities to improve effectiveness and efficiency; (C) Assert and articulate the interests of the State as a partner with federal agencies in the sound management of ocean resources within the United States exclusive economic zone; (D)Promote research,study,and understanding of ocean processes,marine life,and other ocean resources in order to acquire and inventory information necessary to understand how ocean development activities relate to and impact upon ocean and coastal resources; and (E) Encourage research and development of new,innovative technologies for exploring,using,or protecting marine and coastal resources. §205A-26 Special management area guidelines. In implementing this part,the authority shall adopt the following guidelines for the review of developments proposed in the special management area: (1) All development in the special management area shall be subject to reasonable terms and conditions set by the authority in order to ensure: (A)Adequate access,by dedication or other means,to publicly owned or used beaches,recreation areas,and natural reserves is provided to the extent consistent with sound conservation principles; (B)Adequate and properly located public recreation areas and wildlife preserves are reserved; (C) Provisions are made for solid and liquid waste treatment,disposition,and management which will minimize adverse effects upon special management area resources;and (D)Alterations to existing land forms and vegetation,except crops,and construction of structures shall cause minimum adverse effect to water resources and scenic and recreational amenities and minimum danger of floods,wind damage,storm surge,landslides,erosion,siltation,or failure in the event of earthquake. (2) No development shall be approved unless the authority has first found: (A)That the development will not have any substantial adverse environmental or ecological effect,except as such adverse effect is minimized to the extent practicable and clearly outweighed by public health,safety,or compelling public interests. Such adverse effects shall include,but not be limited to,the potential cumulative impact of individual developments, each one of which taken in itself might not have a substantial adverse effect,and the elimination of planning options; (B) That the development is consistent with the objectives,policies,and special management area guidelines of this chapter and any guidelines enacted by the legislature; and APPELLANT EXHIBIT- 4, pg. 8 of 10 (C) That the development is consistent with the county general plan and zoning. Such a finding of consistency does not preclude concurrent processing where a general plan or zoning amendment may also be required. (3) The authority shall seek to minimize,where reasonable: (A)Dredging, filling or otherwise altering any bay,estuary,salt marsh,river mouth,slough or lagoon; (B) Any development which would reduce the size of any beach or other area usable for public recreation; (C) Any development which would reduce or impose restrictions upon public access to tidal and submerged lands,beaches,portions of rivers and streams within the special management areas and the mean high tide line where there is no beach; (D)Any development which would substantially interfere with or detract from the line of sight toward the sea from the state highway nearest the coast;and (E) Any development which would adversely affect water quality,existing areas of open water free of visible structures,existing and potential fisheries and fishing grounds,wildlife habitats,or potential or existing agricultural uses of land. \\coh33\planning\public\wpwin60\PC\PC Application Forms\SMA Assessment Form\SMA Use Permit Assessment Application-12.1.17 Draft.doc Revised 12/4/17 APPELLANT EXHIBIT- 4, pg. 9 of 10 County of Hawaii PLANNING DEPARTMENT Special Management Area Guidance Is a portion of your property in the Special Management Area(SMA)? YES OR NO If you are not sure,please call, email or stop by the Planning Department along with your tax map key number. If NO, an SMA review is not required. If YES, does your project conform to one or more of the criteria below? 1. Repair or maintenance of roads and highways within existing rights-of-way. 2. Zoning variances for legally existing uses or structures, except for height,density,parking, and shoreline setback. 3. Amendment of the General Plan. 4. Transfer of title of land;creation or termination of easements,covenants,or other rights in legally existing structures or parcels of land. 5. Temporary events limited to 96 hours including set up and take down,such as community events,sporting events,fund raisers,food events and family celebrations not involving any ground disturbance and installation of permanent structures. 6. Construction or reconstruction of a single-family residence on land that does not abut the shoreline and that does not exceed any existing statutory limitation on floor area square footage,which is seven thousand five hundred(7,500)square feet of floor area,and is not part of a larger development. 7. Demolition or removal of structures on land that does not abut the shoreline,except those structures located on any historic site as designated in national or state registers. 8. Structural and non-structural interior and exterior repairs,maintenance,renovations,and alterations to existing, lawfully established structures that do not increase the gross floor area and do not involve any additional ground disturbance,such as installation of roof mounted photovoltaic and solar panels, solar water heating systems,roof repairs or replacement, window and door repairs or replacement and similar improvements. 9. Structural enclosures of lawfully established structures within the existing roof line and foundation for decks,lanais,carports,garages,and similar accessory purposes. If YES,please contact the Planning Department to have an SMA Short Form be completed by Planning Department Staff or to determine if an SMA Assessment would still be required. Please note that the Planning Department may require additional plans or information deemed necessary to assess the proposed use, activity or operation. If NO,please prepare and submit an SMA Use Permit Assessment Application(attached)or SMA(Major)Use Permit Application as applicable. For more information regarding the SMA rules and regulations,please feel free to visit our website http://www.hiplanningdept.com/resources-and-references/special-management-area-sma/or contact the Planning Department in Hilo at(808)961-8288 or in Kona at 323-4770. Revised 12/4/17 APPELLANT EXHIBIT- 4, pg. 10 of 10 Gmail Claudia Rohr<crohr4@gmail.com> PL-SAA-2025-000280, STVR 19-359757 and NUC19-1316 1 message Claudia Rohr<crohr4@gmail.com> Tue,Apr 8, 2025 at 7:07 AM To: "planning@hawaiicounty.gov<planning@hawaiicounty.gov> >" <planning@hawaiicounty.gov> Bcc: Claudia Rohr<crohr4@gmail.com> Aloha, Planning Director Jeff Darrow and Alex Roy, My east property line is 210-feet from the Standkes' west property line of TMK 3-2-1-18-13, with a driveway at 14 Oeoe Street, that is the subject property of PL-SAA-2025-000280, STVR 19-359757 and NUC 19-1316. Please, do not issue a SMA permit or an exception to one for Richard Standke's SMA assessment application No. PL-SAA-2025-000280. The application is incomplete, and no exception applies. 1. The site plan is too small to read. (I submitted a UIPA request on 4/3/25 but I have not received it). 2. The site plan is missing a parking area, which should be included in this SMA permit assessment application. 3. The on-the-ground unpermitted paved parking area encroaches on the side setback and over TMK 3-2- 1-18-32's boundary. 3. STVR 19-359757 and Nonconforming Use Certificate No. NUC 19-1316 allows for rental of two bedrooms. There is a note on the Sandke STVR application that permit 02195 states the ground floor is not habitable space. 4. The Standkes have been illegally renting out four bedrooms to 12 persons without verifying they are a single family in violation of STVR 19-359757, NUC 19-1316, and the Zoning Code. See attached advertisement and complaint. Thank you for your consideration. (1....badji1/4.4k 808-640-5976 • 2 attachments .1 2025 Advertisement Lilikoi House.pdf 2116K 2025 COMPLAINT STANDKE 14 Oeoe Street.pdf 3285K APPELLANT EXHIBIT- 5, pg. 1 of 15 . '. County of Hawaii Planning Department (January 20,2022) Zoning Land Use, and SMA Violation Complaint Form I lilo(Volcano to Waimea) 101 Pauahi Street.Suite 3 I lilo,111 96720-4224 /(tot)961-E2EE Fax (E(S)961-E742/I?mad planning@hawaiicounty.gov kona(Pahala to HanLi) 74-5044 Ane Keohokalole HNby,Eldg E,211d Floor,hailua-hona,HI 96740 / (EOE)323-4770 /Fax(EOE)327-3563 Complainant Information: Complainant's Name: CLAUDIA ROHR Mailing Address: 369 NENE STREET, HILO, HI 96720 Phones—Cell:(808) 640-5976 Home: Work: E mail: crohr4@gmail.com Note:Information above is required. Describe Alleged Zoning Violation (refer to Note 1 below): The Standkes have been operating a STVR illegally, renting out four bedrooms to 12 persons without verifying they are a single family in violation of STVR 19-359757, NUC 19-1316 and the Zoning code,tugetl per allowing for rental-of-two bedrooms to d-sn iyle family. See attached advertisement If no property address,what distinguishing feature is seen from the street that identifies the property? Have you tried to resolve this problem with the violator before asking for our help? Yesn NoE 1 If Yes, Please explain why it didn't work: Have you filed this complaint with another government agency? YesnNon If Yes,Date of Contact: 111 Person Contacted: Results of Contact: Enter the following information for the alleged violator: Property Tax Map Key (TMK)#: 3-2-1-18-13 Community Leleiwi Property Street Address: 14 Oeoe Street, Hilo, HI Violator(s) Full Name (if known):Richard and Deborah Standke Violator(s) Mailing Address(if known):2448E Orangeview Lane, CA 92867 Would you like to be blind copied on letters? Yes:[No:❑ CJAAMLA Signature: Date: April 8, 2025 Notes: 1) Construction of any structure without a building permit is a Building Code Violation and should be referred to the Department of Public Works,Hilo Building Division(961-8331)or Kailua-Kona Building Division(323-4720). This includes people living in tents,buses,shacks,sheds,etc. See back page for information on Zoning Code Violations. 2) a. Per Planning Department Rules of Practice and Procedures 9-2(a)(1):All information and records acquired by the Planning Department under this part shall be confidential. However,it is possible that if court proceedings occur that this information could be subpoenaed and made known to all involved parties. b. 9-2(b)All complaints shall be given to the zoning inspector. Anonymous complaints will not be investigated by the zoning inspector and/or other Planning Department personnel assigned. Page 1 of 2 APPELLANT EXHIBIT- 5, pg. 2 of 15 Department Use Only State Land Use: / County Zoning: / In SMA Zone? Yes:_ No:_ / Parcel Size: Land Owner: Address: Complaint Form received by: Mail:_ / Fax:_ / Counter:_ / Email:_ / Docket#: Notes: Zoning Violations Zoning is covered under Hawaii County Code Chapter 25. Access to the code can be found at: https://www.hawaiicountv.00v/our-county/legislative/office-of-the-county-clerk/countv-code Zoning inspectors are required to enforce the code through the complaint process. (Planning Department Rules of Practice and Procedure 9-2) To determine if an owner is in violation of the zoning code you first must determine the zoning of the property (residential, agricultural, industrial, commercial, etc...) and then check what is permitted in that zoning or requires a permit. If you are not sure or need help to better understand the code, please do not hesitate to call the Planning Department. The list below,which is not all inclusive, shows the different types of Planning Department violations that we investigate: Coastal Issues—Unpermitted I Unapproved Encroachment: Development or Activity: • Intrusion of Setbacks • Special Management Area/Shoreline Setback • Exceeding Height Requirements Non-compliance of: Dwellings—Illegal or improper use of: • Special and Use Permits • Change of Zone Ordinance Conditions • Additional Farm Dwelling • • Plan Approval Conditions Duplex • Mobile Homes Illegal I Unpermitted: • Multiple Units • Operation of a Junkyard(more than two • Ohana Home unregistered vehicles or more than 200 sf of junk) • More than five unrelated people • Recreational Vehicles; Courses and Tracks Livestock—Maintaining, Raising or Keeping of: • Auto Repair • Base Yard • Apiaries • Bed&Breakfast • Kennels (commercial kennel, where one is boarding or keeping • Commercial dogs belonging to other people) • Equipment Storage • Piggeries (more than four pigs on an agricultural property requires • Retreats and resorts approval. A brochure on piggeries is available at the Planning • Short Term Vacation Rentals(STVR) Department.) • Roosters or chickens (on a non-agricultural zoned property) The purpose of the Zoning Code is to promote health, safety, morals, or the general welfare of the County by regulating and restricting the height, size of buildings, and other structures,the percentage of a building site that may be occupied,off-street parking,setbacks,size of yards,courts,and other open spaces,the density of population,and the location and use of buildings, structures,and land for trade, industry, residence, or other purposes. (Section 25-1-2(b)) So if you have any questions come in and see us. We are here to assist you. � J Page 2 of 2 APPELLANT EXHIBIT- 5, pg. 3 of 15 4/8/25,6:22 AM Lilikoi House Hilo Vacation Homes t%,, Lilikoi House ,. __ _ _____,, ,,, ,. _ _ .,,, ,,, ._7_,. _ • 44 . " roc aA, y • . l xm I .1 E. a • • rr,I ���� e' T o.`;:t _ „iik.. of 4 a -.c xa von. I4411, '.�SURRNBER �LILIKOI -� �f' �- ^,„.�BFALHES HIBISCUS ! _.. lb c, •.ORCHID p, Property details https://hilovacationhomes.com/property/lilikoi-house/ 1/9 APPELLANT EXHIBIT- 5, pg. 4 of 15 4/8/25,6:22 AM Lilikoi House-Hilo Vacation Homes This house is featured on VRBO -house number 387662 and Airbnb. For parties above 12 or those wanting more room, the neighboring house can be rented. See Habiscus house on this website or Vrbo #4035464 or the Orchid house on Vrbo #4980838. The vacation rental house is directly across from the black sand beaches of Richardson's Beach Park. This Park is one of Hilo's premier tourist destinations and a stop for the Hop on Hop off bus. The house includes free use of bicycles, kayak, stand up paddle board, snorkeling equipment, boogie boards and beach towels. The best snorkeling you will find anywhere is in just a few feet of water on the east side of Richardson's Beach Park, off the black sand beach after the life guard station. The living room, kitchen, dining area, and master bedroom have unobstructed ocean views. This vacation home is just 5 miles from Hilo International airport. STVR: 19-3 597 57. N U C: 19-1316. House is equipped with Spectrum high speed cable internet access (WiFi) and Netflix, YouTub TV and Sling TV. The house sits on almost half an acre of land for extra privacy. Bedroom and Bathroom configuration: Master bedroom with king size bed on upper floor with attached full bath. Ceiling fan with full view of Richardson's Beach Park. Bedroom located at the end of the hallway. Very private. Bedroom #2 is located next to bedroom #1 with kitchen on the other side. Bathroom across the hall is also the main upstairs bathroom. It features a king bed, ceiling fan and garden views. Across hallway from bathroom #2. A full bath with https://hilovacationhomes.com/property/lilikoi-house/ 2/9 APPELLANT EXHIBIT- 5, pg. 5 of 15 4/8/25,6:22 AM Lilikoi House-Hilo Vacation Homes tub/shower combination. Great views of the Ocean/Beach Park. Bedroom 3 and 4 are downstairs with the entrance outside just below the stairs to the front door. Bedroom #3 has a queen bed and a twin. Bedroom #4 has a twin bed and a daybed (with a twin mattress). Bathroom #3 is off the hallway downstairs. There is a semi private alcove with a standard twin also off the hallway IMPORTANT NOTE: There is no internal staircase between the floors. The lower floor has an external entrance from the driveway near the external stairs to the front door. Not an issue unless you have your children that are not comfortable downstairs on their own. Kitchen and Dining Room: Newer, modern appliances, cookware and plates/flatware for very large parties. Stocked with accessories such as blender, toaster, coffee grinder and coffee maker, rice cooker, hand blender and lots of cooking tools. Kitchen has views across dining/living room out to Hilo bay. Dining room table seats 6 with additional table and chairs on porch in front of front door. Dining and lounging in the living room while watching and listening to the ocean is why you booked a Hilo vacation rental home instead of a hotel, so please take advantage of the great location. Living Room: Upstairs living room has views across Hilo bay. Large couch, love seat and large chairs offer many seating options in the living room. Television with Roku for viewing Apps, Netflix and above mentioned cable equivalent options. Washer and dryer are off kitchen for use by guests. Amenities: Shampoo, conditioner, bath towels, hair dryers, washer, dryer, cleaning supplies, beach towels. House has storage room which contains washer/dryer, three bikes, two kayaks, boogie https://hilovacationhomes.com/property/lilikoi-house/ 3/9 APPELLANT EXHIBIT- 5, pg. 6 of 15 4/8/25,6:22 AM Lilikoi House-Hilo Vacation Homes boards, masks, snorkels and booties. Folding chairs to take across the street if needed. Play pan and high chair in each house. Charcoal BBQ. Activities o In Hilo, 3.5 miles from Downtown o Classic Hawaiian House with modern kitchen o Across from Richardson's Beach Park o Free use of Kayaks, SUP board, bikes o Includes boogie boards, snorkel equipment, booties O 4 Bedrooms O 3 Bathrooms O Two king beds, 1 queen, 4 twin O Queen size sofa bed O Sleeps 12 Deposit & cancelation policy The payment and cancelation policy is the same as I have on Vrbo. The refundable deposit upon booking is 50% of the total. If your stay is beyond a year and you prefer to have a smaller deposit, contact me. There is a 100% refund for cancelations until 30 days prior to your stay. There is no reason needed. At 60 days prior to your stay, the balance of 50% is due. I'll invoice you. If I'm late, don't worry. Your booking is secure. https://hilovacationhomes.com/property/lilikoi-house/ 4/9 APPELLANT EXHIBIT- 5, pg. 7 of 15 4/8/25,6:22 AM Lilikoi House-Hilo Vacation Homes Reviews There are no reviews yet. Be the first to review "Lilikoi House" Your email address will not be published. Required fields are marked * Your rating * Your review * Name Email Submit Location 1 u l r fS fr https://hilovacationhomes.com/property/lilikoi-house/ 5/9 APPELLANT EXHIBIT- 5, pg. 8 of 15 4/8/25,6:22 AM Lilikoi House-Hilo Vacation Homes ti Leaflet,©OpenStreetMap contributors Check-in: 4:00 Check-out: 11:00 Check-In Date 07/27/2025 Check-Out date 07/31/2025 Number of Guests $650.00 x 4 days $2,600.00 House Cleaning $210.00 Total $2,810.00 Pay a deposit $1,405.00 Balance payment will be required on June 27, 2025 https://hilovacationhomes.com/property/lilikoi-house/ 6/9 APPELLANT EXHIBIT- 5, pg. 9 of 15 4/8/25,6:22 AM Lilikoi House-Hilo Vacation Homes Quick menu Home https://hilovacationhomes.com/property/lilikoi-house/ 7/9 APPELLANT EXHIBIT- 5, pg. 10 of 15 4/8/25,6:22 AM Lilikoi House-Hilo Vacation Homes My account Contact info Richard Standke (818) 357 - 6889 https://hilovacationhomes.com/property/lilikoi-house/ 8/9 APPELLANT EXHIBIT- 5, pg. 11 of 15 4/8/25,6:22 AM Lilikoi House-Hilo Vacation Homes hilovrhomes@gmail.com Copyright ©2017-2022 Hilo Rental Homes-All rights reserved. https://hilovacationhomes.com/property/lilikoi-house/ 9/9 APPELLANT EXHIBIT- 5, pg. 12 of 15 Oda, Michelle From: Claudia Rohr <crohr4@gmail.com> Sent: Wednesday,April 9, 2025 6:38 AM To: Planning Internet Mail Cc: Darrow,Jeff; Roy,Alex Subject: Re: PL-SAA-2025-000280 incomplete application Follow Up Flag: Follow up Flag Status: Flagged Aloha, Planning Director Jeff Darrow and senior planner Alex Roy, PL-SAA-2025-000280 does not follow the Planning Commission Rules of Practice and Procedure, Rule 9-10 Assessment. The application is incomplete, including a plot plan that shows the driveway and parking spaces. The existing parking is inadequate and will be covered by the proposed deck. Please confirm that you have rejected the application as incomplete. Richard and Deborah Standke have conditional use permits to operate un-hosted short-term vacation rentals (STVR) at 16 Oeoe Street and 14 Oeoe Street, with parking spaces for eleven stacked vehicles that back out onto Oeoe Street through side-by-side driveways. 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 vacation guests staying at these properties. The guests staying at this location often arrive in large groupsu that drive in separate cars that 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 under the standard of review outlined in Planning Commission Rules of Practice and Procedure, Rule 9-10 Assessment, part (h) Criteria of Significant Adverse Effect, parts: (2) curtails the range of beneficial uses of the environment;u (3) conflicts with the long-term environmental policies or goals of the General Plante or the State Plan;u (4) significantly affects the economic or social welfare and activities of the community, County or State; [Fn. 1.] i APPELLANT EXHIBIT- 5, pg. 13 of 15 (10) is contrary to the objectives and policies of the Coastal Zone Management Program and the Special Management Area Guidelines of Chapter 205A, HRS.0 In this case, adding a 240 SF lanai 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. Please provide for a "Special management area use permit" procedure under PC Rule 9- 11. "Special Management Area Use Permit Procedure" means an action by the authority authorizing development ...which may have a substantial adverse environmental or ecological effect, taking into account potential cumulative effects. I have a statutory and constitutional right to a contested case hearing for a SMA permit approved by the Planning Commission based on geographic location, and concrete injury to my property interests, my health, safety and welfare protected under article I section 5, and article XI section 9 of the Hawaii Constitution and the First, Fifth, and Fourteenth Amendments to the US Constitution. Thank you for your consideration. Claudia Rohr 808-640-5976 Lit The owners advertise 16 Oeoe Street "sleeps twenty people", and 14 Oeoe Street "sleeps 12 people." 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. al 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..." L41 §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. Zoning shall be one of the tools available to the county to put the general plan into effect in an orderly manner... The zoning power granted in this section shall be 2 APPELLANT EXHIBIT- 5, pg. 14 of 15 exercised by ordinance, which may relate to: (2) The areas in which residential uses may be regulated or prohibited; (12) The time, place, manner, and duration in which uses of land and structures may take place; and (13) Other regulations the boards or council of any county find necessary and proper to permit and encourage the orderly development of land resources within their jurisdictions. L1 §205A-2 Coastal zone management program; objectives and policies; and §205A-26 Special management area guidelines. On Wed,Apr 9,2025 at 5:55 AM Claudia Rohr<crohr4@gmail.com>wrote: Aloha, Planning Director Jeff Darrow and Alex Roy, PL-SAA-2025-000280 does not follow the Planning Commission Rules of Practice and Procedure, Rule 9-10 Assessment. The application is incomplete,including a plot plan that shows the driveway and parking spaces. The existing parking is inadequate and will be covered by the proposed deck. 3 APPELLANT EXHIBIT- 5, pg. 15 of 15 C.Kimo Alameda,Ph.D. •�o°`r_o�H'`s,� Jeffrey W.Darrow Mayor i� ^ . Director William V.Brilhante Jr. Michelle S.Ahn Managing Director , .{ - Deputy Director West Hawaii Office East Hawaii Office 74-5044 Ane Keohokalole Hwy • • 101 Pauahi Street,Suite 3 Kailua-Kona,Hawaii 96740 County of Hawai 1 Hilo,Hawaii 96720 Phone(808)323-4770 Phone(808)961-8288 Fax(808)327-3563 PLANNING DEPARTMENT Fax(808)961-8742 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. www.planning.hawaiicounty.gov Hawaii County is an Equal Opportunity Provider and Employer planning@hawaiicounty.gov APPELLANT EXHIBIT- 6, pg. 1 of 2 Richard Standke April 11, 2025 Page 2 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, 7e ff-e y W. Darrow Jeffrey Darrow(Apr 11,2025 14:46 HST) JEFFREY W. DARROW Planning Director AK:rms P:Awpwin60\czm\letters\2025\pl-saa-2025-000280_retm-n app_no_sma needed--ver-2.doc cc via email: Planning Fiscal APPELLANT EXHIBIT- 6, pg. 2 of 2