HomeMy WebLinkAbout2026-03-02 PL-BOA-2026-000131 Petition JNZV OF h,�
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County of Hawaii
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):
QAppeal Decision of the Planning Director ❑ Appeal Decision of Director of Public Works
SUBJECT PROPERTY (land in question):
Tax Map Key (TMK): 4-6-008:077 Area of Property: 11.426 acres
State Land Use
Designation: Urban County Zoning: A-5a
Street Address: 46-3968 Puaono Rd
APPELLANT INFORMATION:
Name(s): Thomas James Viernes and Kristin &nn Rogler
Signature(s): Date: 02/27/26
Mailing Address: Po Box 6952 Kamuela H 9674
Telephone: 808-464-3658 Email: mikromgmt@gmail.com
Interest in Subject Owners
Property:
LANDOWNER INFORMATION:
Name(s): Thomas James Viernes and Kristin Ann Rogler
Signatu re(s)1: Date: 3/2/2 6
Mailing Address: PO Box 6952
Kamuela, HI96743
Telephone: 808/464-3658 Email: mikromgmt@gmail.com
APPELLANT REPRESENTATIVE INFORMATION (leave blank if not applicable):
Name(s)/Title(s): Ctr yA� gan of Skilled Services, LLC
�1 1 1 1 OJ ■ DN t Gh isly A L6g o SUS,
Sig nature( ) zazs
s : k° oz iziaaa aa ds gan@00' Date: 02/27/26
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Mailing Address: PO Box 390850 Keauhou, HI 96739
Telephone: 808-345-2173 Email: skilledservices.logan@gmail.com
1 Not required if the Landowner is not the Appellant.
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Statement of the nature of Appeal and the Relief Requested. Include Director's decision and decision
date:
The denial for a water variance prior to subdivision under County of Hawaii Planning Department
Rules of Practice and Procedure Rule 22. Water Variance. Relief requested is the reversal of
denial and issuance of the water variance request as permitted under Rule 22.
Planning director Jeff Darrow reviewed the application materials and comments from the
respective agencies, "the Department finds no special or unusual circumstances justifying
the variance." Letter dated Feb 6, 2026
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:
Section 23-14 of HCC provides the Director with the general authority to grant variances.
While there are water units "available" that was stated by the department of water supply ,there
aren't the facilities or infrastructure to bring the available water units to the property. Rule 22
of the Planning Department's Rules of Practice and Procedure state in 22-2 "catchment variances
allow property owners a way to subdivide property when there is no public water system in the
vicinity, and when it would be prohibitively expensive to construct a private water system."
The January 9th, 2026 letter from DWS states very clearly that they don't have the infrastructure
to provide the water that they say is "now available", indicating that at a prior time they didn't.
They say that in order for the owners to have this available water that the owners need to install
1,425 LF of 6" iron ductile pipe! To require a two (2) lot subdivision to install that much
infrastructure is an unusual circumstance. The director misstates the "Intent and Purpose" of the
variance when he says "a variance from water requirements in the subdivision code is to allow
alternatives when no municipal water is available." The planning director's own rules state a variance
is proper and allowable "when it would be prohibitively expensive to construct" catchment
variances are allowed. The director's denial is clearly erroneous in not following Rule 22
Statement of any other relevant facts:
The denial letter dated Feb 6, 2026 seems to emphasize the fact that "water is available".
It's not available at the property's location.
If there is insufficient space on this form to provide the information, then please include supplemental documents.
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