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Home My WebLink About2025-05-31 PL-BOA-2025-000121 Corrected Petition L4O;NtY OF \! •, NN M� '. ,TE OF•MF'� 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): 0 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 EXHIBIT A, pg. 1 of 1 ..... :9s,V4i.k.e.'1,* 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 PETITION ON APPEAL (originally filed May 1, 2025) [General Petition for Appeal of Decision by the Department of Public Works Director to issue Building Permit No. PW. B2024- 005123] 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 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 their own website and suggest you book more than one. https://hilovacationhomes.com/ 1 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. * pill*' ar1116411 k' 4, '* a r � 0111111111,* ki a I I'4 H h ..u,.w»t n�g .gr.Lmb'k.^ warenv.nnawrw.u".m mm•,rr.,'ria M1. ,..... Mmne..rrmN', Oeoe Street, Hilo, looking seaward towards Kalanianaole Street. The silver van is backing out of the driveway for 14 Oeoe Street on the left. 2 tIII s, uuw " ¢h r1f� ' ��wa�y. *� P��f�)�� j v1�,VUH" d� y •1 �' "r. r. ��.,� �r Y A f k 'IL, y , i % 1 1A1111 liar 1 p ' ;c, ei ! _ u 4 .x 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 Director of Public Works decision to issue Building Permit No. PW.B2024-005123, based on an owner builder exemption', to a registered STVR before the SMA assessment application was acted upon. Relief Requested: Reverse the Director of Public Works' decision to issue a building permit based on an owner-builder exemption for construction at a registered STVR before the SMA assessment application was acted upon, and remand Building Permit No. PW.B2024-005123 with appropriate instructions, based 1 "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. 3 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: The laws and rules that were violated are emphasized in bold and underlined: Director of Public Works: 1. 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. 2. The Director of Public Works issued Building Permit No. PW.B2024- 005123, on April 1, 2025, before the SMA assessment application No. PL- SAA-2025-000280, dated March 301, 2025, was acted upon on April 11, 2025, in violation of HRS §205A-29 Special management area use permit procedure, (b) "No agency authorized to issue permits pertaining to any development within the special management area shall authorize any development unless approval is first received in accordance with the procedures adopted pursuant to this part." (4) A statement explaining: (B) How the decision appealed from is clearly erroneous: N.A. (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: 4 .N.A. (5) A clear and concise statement of any other relevant facts: Richard Standke has been previously cited for violating the building code at another one of his rentals at TMK (3)2-1-18-012, 2246 Kalanianaole Street, when he converted storage space in the flood zone into two bedrooms, a bathroom and laundry room without obtaining building permits and rented the space out as a non-hosted STVR. DATE: Hilo, Hawai'i, May 30, 2025 i-0,0,i.., g),\A--