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HomeMy WebLinkAbout2026-03-09 Order Denying Motion for Consolidation for Hearing - Rohr (PL-BOA-2025-000119 121) RENEE N. C. SCHOEN 5936 Corporation Counsel SYLVIAA. WAN 9686 Deputy Corporation Counsel Office of the Corporation Counsel County of Hawaii 101 Aupuni Street, Suite 325 Hilo, Hawaii 96720 Telephone: (808) 961-8251 Facsimile: (808) 961-8622 E-Mail: sylviaa.wanghawaiicount� Attorney for the Board of Appeals BEFORE THE BOARD OF APPEALS COUNTY OF HAWAI`I STATE OF HAWAI`I CLAUDIA ROHR, CASE NO.: PL-BOA-2025-000119 Appellant, vs. ORDER DENYING CONSOLIDATION OF JEFFERY DARROW, PLANNING HEARING; BOARD OF APPEALS' DIRECTOR; CERTIFICATE OF SERVICE Appellee, and RICHARD and DEBORAH STANDKE, Landowners. CASE NO.: PL-BOA-2025-000121 CLAUDIA ROHR, Appellant, vs. (Caption continued) NEIL AZEVEDO,ACTING DIRECTOR, DEPARTMENT OF PUBLIC WORKS, Appellee, and RICHARD and DEBORAH STANDKE, Landowners. ORDER DENYING DENYING CONSOLIDATION OF HEARING On March 9, 2026, the Appellant CLAUDIA ROHR filed a Motion for Consolidation of Hearing of PL-BOA-2025-000119 and PL-BOA-2025-000121. Rule 3-10 allows the Board to consolidate two or more proceedings if they involve substantially the same parties or issues which are the same or closely related. PURSUANT to the Board of Appeals Rule 3-12(f), the chairperson, as presiding officer, may rule on non-dispositive motions. The motion for consolidation is DENIED for the following reasons: • PL-BOA-2025-000119 involves the appeal of the Planning Director's decision that an SMA permit was not required upon application of the County of Hawaii Planning Commission Rules, Chapter 25 of the Hawaii County Code, and Chapter 205A of the Hawaii Revised Statutes for the construction of a first-floor concrete deck, a second-floor lanai, internal stairs, and to replace the roof of a single family residence. • PL-BOA-2025-000121 involves the appeal of the Director of Public Works' decision related to the issuance of a building permit to a short term vacation rental allegedly in violation of Section 444-2.5 of the Hawaii Revised Statutes and prior 2 to approval of the SMA assessment application by the Planning Director under Section 205A-29 of the Hawaii Revised Statutes. • PL-BOA-2025-000119 and PL-BOA-2025-000121 each case involves a director of a different department, different witnesses, and the administration of different legal authorites. Although, the issues involve the same property, consolidating the proceedings would not be conducive to the proper dispatch of its business and to the ends of justice. Dated: Hilo, Hawaii, March 9, 2026. CATHY LEWIS, Chair Board of Appeals, County of Hawaii 3 BEFORE THE BOARD OF APPEALS COUNTY OF HAWAI`I STATE OF HAWAI`I CLAUDIA ROHR, CASE NO.: PL-BOA-2025-000121 Appellant, BOARD OF APPEALS' CERTIFICATE OF SERVICE vs. NEIL AZEVEDO,ACTING DIRECTOR, DEPARTMENT OF PUBLIC WORKS, Appellee, and RICHARD and DEBORAH STANDKE, Landowners. BOARD OF APPEALS'CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing document was upon the parties identified below by electronic mail service pursuant to Board of Appeals Rule 3-19 on March 9, 2026 Delivered via Electronic Mail (E-Mail and/or EPIC): Claudia Rohr Appellant pro se Sinclair Salas-Ferguson Deputy Corporation Counsel Office of the Corporation Counsel Attorney for Appellee Richard and Deborah Standke Landowners 1 Dated: Hilo, Hawaii, March 9, 2026 BETHANY MORRISON Staff to the Board of Appeals Claudia Rohr a Neil Azevedo, Acting Director Department of'Puhlic Works &Richard and Deborah Standke; Case No. PL-BOA-2025-000121; BOARD OF APPEALS' CERTIFICATE OF SERIVCE 2