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HomeMy WebLinkAbout2025-08-08 PL-BOA-2025-000123 Petition rt...e.t,:c_v.„,,F7,,,,,,,,,,,,,,,,,,,,, .,.�, =-owe:; r ':M . . '�Tp O�F•N�.. County of Hawaii BOARD OF APPEALS Aupuni Center • 101 Pauahi, Suite 3 • Hilo,Hawai`i 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 ® Appeal Decision of Director of Public Works SUBJECT PROPERTY (land in question): Tax Map Key (TMK): (3) 1-9-003:018 Area of Property: Old Volcano rd. easement State Land Use Designation: County Zoning: Agricultural Street Address: N/A APPELLANT INFORMATION: Name(s): William Frazier Signature(s): Date: 8 August 2025 Mailing Address: P.O. Box 883 Volcano HI 96785 Telephone: 504-613-8323 Email: Lil_pete_78@hotmail.com Interest in Subject Property Access Property: LANDOWNER II RMATION: Name(s): Signature(s)1: William Frazier Date: 8 August 2025 Mailing Address: P.O. Box 883 Volcano HI 96785 Telephone: 504-613-8323 Email: Lil_pete_78@hotmail.com APPELLANT REPRESENTATIVE INFORMATION (leave blank if not applicable): Name(s)/Title(s): Signature(s): Date: Mailing Address: Telephone: Email: 1 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: I ask that this requirement for a paved driveway be deferred until a more appropriate time when I have determined the best placement for the driveway or driveways. When the land is used for something other than agricultural purposes, such as a residence dwelling. At which point I will be happy to install a permanent a driveway, at the access point in question (should it remain) and/or at any other proposed driveway location on the property, that would best suit the planned structures, landscape and the terrain. 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: I find this judgment, that my property in its present state and usage to being required by the County to have a permanent (residential) driveway installed, as premature, impractical, unreasonable and unfair. I request that this requirement for a paved driveway be deferred until a more appropriate time, as having a fence with a gate, and the ability to access a vacant agricultural lot, does not constitute a need for a residential driveway. When the land is used for something other than agricultural purposes, such as a residential dwelling, building permits would be required to be submitted at which point a driveway would also be necessary and the proper permits submitted. Statement of any other relevant facts: Please see attached sheets 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 Description: An appeal to the following Notice UNPERMITTED DRIVEWAY IN THE COUNTY RIGHT-OF-WAY(NOTICE) Location:Wright Road,Volcano, Hawaii Tax Map Key: (3) 1-9-003:018 Dated: 23 July 2025 Nature of appeal: Defer the requirement for a driveway. The requirement for a driveway at this point in the properties development and use is premature based on the following reasons: 1: The property is still under development and undergoing Grubbing operations, transforming it into pasture land.There is no intent to use the entry/access,for regular vehicular traffic. It is simply a way to allow acces to the property when needed. • As the property was undeveloped at the time of purchase, a point of entry or access was required, and a means to secure that entry. Whether simply for me and my animals to enter and exit the property, or to occasionally allow access for the required equipment,to continue development of the land.The current access point was chosen because it was the most practical point to get into the property, as it was pre-existing prior to my acquisition of the property. • The access point in question was established by a previous property owner, prior to 2006. • I have recently erected a fence,with a gate to allow me to access my property, but mainly to restrict unauthorized access to the property, safeguarding my equipment, and my animals. 9 feet Beyond the gate is where the property line meets the County right of way. Red cinder has been added in the area of the gate, and out towards the property line to raise the ground in this location, and prevent street runoff from entering the property (which is an ongoing issue, due to obstructions impeading the flow of run-off in the county drainage ditch further down the street). • There has been no modifications to the county right of way that would suggest that this access is being used or is intended to be used as an active driveway, such as "gravel"leveling of the right of way to match the road height. • Nor have I altered or obstructed the drainage ditch within the County Right of Way. • This access point is to be used sparingly, (there is no daily, or regular traffic entering or exiting the property, as would be if it were residential in nature). • There is no damage to the roadway, or right of way, that would indicate regular vehicular traffic at this access point, such as chipped, broke asphalt or rutting. • There are and have never been any vehicles parked or stored on the property that would indicate that there is regular use of this access point for vehicular traffic. 2: This property is agriculturally zoned, and being used solely in that capacity. It is not a residence. The lot has no street address, no dwellings, no utilities, no "private driveways"on the property itself, leading to the access point in question or anywhere else on the property. The current plan for the property is for it to be a 1.2 accer grass field. • Again this access point is not used on a day to day or regular basis, nor was it ever intended to be. As you can see in the photos taken by the inspector who visited the property, grass is growing and there are no ruts, nothing to indicate that vehicles enter and exit the property here regularly. • Should I decide to build a residence on the property, I will have to develop a plan for where the structures will be, placement of the septic tank and leach fields, and water catchment, etc, and of course the best placement of the permanent driveway or driveways. At which point I would submit my building permits,for the structures, septic, etc.. Only then would I be able to know the true and final "driveway, or driveways"locations should be. Installing a paved driveway prior to that plan would be premature. • The Permit Application Form (DPW-33) being asked of me to submit "Acces to a Public Right of Way", addresses only Commercial or Residential properties. This Application form does not account for lots used solely in an agricultural capacity, or simply an access point into lots not commercial and non-residentual. • From 19-3812 Old Volcano Rd. to 19-3912 Old Volcano Rd. there are 25 or so properties with road access through the public right of way. Only 2 of these properties have paved driveways along this/mile stretch of road.The remainder have gravel driveways. Nearly all of these properties have dwellings and are of a residentual nature, these driveways all see regular vehicular traffic. Yet my property with no dwellings,address,or utilities,which is being grubbed to become a grass field requires a paved driveway to simply access the property. I find this unfair, and unfitting of the situation. In Conclusion: The property in question, is unoccupied, agriculturally zoned and being utilized as such. It is also in the process of being grubbed, as the present permits attest to, yet I am being required to have permanent paved driveways for Grubbing to continue, and/or to simply access a vacant agricultural lot.This Logic is unreasonable. I find this judgment,that my property in its present state and usage to being required by the County to have a permanent (residential) driveway installed, as premature, impractical, unreasonable and unfair. I request that this requirement for a paved driveway be deferred until a more appropriate time,as having a fence with a gate,and the ability to access a vacant agricultural lot,does not constitute a need for a residential driveway. When the land is used for something other than agricultral purposes, such as a residentual dwelling, building permits would be required to be submitted at which point a driveway would also be necessary and the proper permits submitted. At this point and time in the development of the property, I have no intent to drive or allow regular vehicular traffic on this property, and therefore should not be required to have a paved, permanent driveway, at this point and time. Photos of the propertyAooenn and County Right ofWay Wg- -ROOM !