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Home My WebLink About2025-10-22 Appellants Exhibit 7_Complaint A4. County of Hawai' i Planning Department • (January 20,2022) r Zoning° Land Use, and SMA Violation Complaint Form Hilo(Volcano to Waimea) 101 Pauahi Street.Suite 3 Hilo.HI 96720-4224 (E0E)961-E2EE Fax (E0E)961-E742/Email planningr hawaiicountv.gov Kona(Pahala to Hawi) 74-5044 Ane Keohokalole Hwy,Elde F.2nd Floor.Kailua-Kona,HI 96740 / (EOE)323-4770 /Fax(SOE)327-3563 Complainant Information: Complainant's Name: QL ICJ- MFROHR Mailing Address: .:IvalestENEREEPREET Phones-Cell: 808-640-5976 Home: Work: II E-mail: QR4s> LMAIL.COM Note:Information above is required. Describe Alleged Zoning Violation (refer to Note 1 below): The Stermtkleasshhavevb3areitiEitieOpliaptingting tt ift ttiFWBTOIREitytvpahserpfewitbostwittiuticitig or Writ qh gy M l 'aB 4PH -S e1 5. 48,ttet inl• attached to this torm. If no property address,what distinguishing feature is seen from the street that identifies the property? IHave you tried to resolve this problem with the violator before asking for our help? Yesn No[ If Yes, Please explain why it didn't work: IHave you filed this complaint with another government agency? Yes Non If Yes,Date of Contact: IPerson Contacted: Results of Contact: Enter the following information for the alleged violator: Property Tax Map Key (TMK)#:0 'h$113-1 3 _ Community LckltAlkivi Property Street Address:_ "•(;)'`66eSttrielgt,"Fi t6?d--1 196720 Violator(s) Full Name (if known): RrGbirtgirddctIC1)4343@blatiEP Standke Violator(s) Mailing Address(if known): r'E J t .,ERPGRAJ9GE2M 9 i7 1824 Would you like to be blind copied on letters? Yes:El No:❑ Signature: Date: JitirrOCI3032025 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(961-83311 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 7, pg. 1 of 5 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 Hawai'i County Code Chapter 25. Access to the code can be found at: httos://www.hawaiicountv.aov/our-countv/legislative/office-of-the-countv-clerk/county-coo, 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/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/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) � 1 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. Page 2 of 2 APPELLANT EXHIBIT 7, pg. 2 of 5 Claudia Rohr 369 Nene St. Hilo, HI 9720 crohr4@gmail.com June 30, 2025 Planning Director, Jeff Darrow Planning Department 101 Pauahi Street, Suite 3 Hilo, Hawaii, 96720 Re: COMPLAINT, 14 Oeoe Street, TMK 3-2-1-18-13 (STVR-19-359757) Dear Director Darrow, Please see the attached Complaint Form and documents. The owners, Richard and Deborah Standke, rent out the Lilikoi House at 14 Oeoe Street, TMK 3-2-1-18-13, (STVR-19-359757), to twelve persons for less than thirty days, without requiring or verifying that the guests are a "Family" under the definition of"Family" in the Zoning Code and Planning Department Rule 23. 1. Exceeds the maximum number of guests allowed The Standkes use their own website and an independent, AI-driven, online registration platform, which does not require or verify that the group reservation is consistent with the definition of"Family under HCC Chapter 25, to book reservations. https://hilovacationhomes.com/ See attachments to this letter verifying a reservation I made for a reunion for twelve of my husband's (obviously unrelated) fraternity brothers, where there is no disclosure of the requirement that reservations must be for a "Family" and no questions regarding the relationship of the guests. The Standkes simply cannot prove that the maximum number of guests temporarily residing within the Lilikoi House at any one time has been consistent with the definition of"Family" under HCC Chapter 25 and that they are, and have been, operating this STVR legally. 1 APPELLANT EXHIBIT 7, pg. 3 of 5 2. Uses additional sleeping rooms than allowed The Standkes advertise and offer a nook in a hallway with a single bed and the living room with a pull-out sofa bed as additional sleeping rooms beyond the bedrooms approved in their nonconforming use certificate to achieve a twelve- person density. See highlighted attachments. HCC Chapter 25 and Planning Department Rule 23 does not provide for use of areas of a dwelling beyond the bedrooms as sleeping areas for a STVR, nor does the Planning Department have the discretion to approve of such an arrangement without amending Planning Department Rule 23. Administrative agencies must adopt rules that govern their discretionary decisions. Aluli v. Lewin, 73 Haw. 56, 828 P.2d 802, 803 (1992). The zoning code, Section 25-1-5 Definitions, Section 25-4-16 Short-term vacation rentals, and Planning Department Rule 23, limits STVRs to a maximum of five bedrooms rented out to a single-family.' The Standkes' NUCR-2024 limits the use of four bedrooms. The Standkes' business model attracts large groups of unrelated guests that throw large parties and tend to arrive in separate vehicles, and stack vehicles on the property in a manner that requires vehicles to back out onto Oeoe Street. This adversely impacts the delivery of emergency services to residents on Nene Street, the safe walkability, bikeability, and the character of the neighborhood. 1 Under the Zoning code,section 25-1-5 Definitions and Planning Department Rules of Practice and Procedure. Rule 23-3 Definitions: "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. 2 APPELLANT EXHIBIT 7, pg. 4 of 5 Thank you for your time on this matter. I look forward from hearing back from you. Sincerely, 3 APPELLANT EXHIBIT 7, pg. 5 of 5