HomeMy WebLinkAbout2026-02-06 PL-BOA-2026-000131 Denial of Water Variance �1N?Yi�FtiY
C.Kimo Alameda,Ph.D. Jeffrey W.Darrow
Mayor j- L�Ji Director
William V.Brilhante Jr. Michelle S.Alm
Managing DirectorNa__owo.'�, Deputy Director
West Hawaii Office East Hawaii Office
74-5044 Ane Keohokalole Hwy 101 Pauahi Street,Suite 3
Kailua-Kona,Hawaii 96740 County of Hawaii Hilo,Hawaii 96720
Phone(808) 3-4770 PLANNING DEPARTMENT Phone
( )
961-8288
Fax(808)327-7-3563 Fax(808)961-8742
CERTIFIED MAIL
9589 0710 5270 3378 1986 97
February 6, 2026
FEB 9 2026
Chrystal Thomas Yamasaki, LPLS
Wes Thomas Associates WES THOMAS ASSOCIATES
75-5749 Kalawa Street, Suite 201
Kailua-Kona, HI 96740
Dear Chrystal Thomas Yamasaki:
SUBJECT: Application: SUBDIVISION VARIANCE PL-SVAR-2025-000070
Applicant: WES THOMAS ASSOCIATES
Owners: THOMAS J. VIERNES & KRISTI A. ROGLER
Request: Variance from Chapter 23, Subdivisions,Article 6,
Division 2,Improvements Required, Section 23-84,
Water Supply
Tax Map Key: (3) 4-6-008:077 (PL-SUB-2025-000377)
Upon review of the variance application, the Planning Director certifies the denial of Variance
PL-SVAR-2025-000070. The subdivision variance requested relief for PL-SUB-2025-000377
from constructing minimum County dedicable water supply system improvements for two (2)lots
as required by Hawaii County Code (HCC), Chapter 23 (Subdivisions).
The Planning Director has concluded that the variance from the above-referenced subdivision
standards be denied based on the following findings:
BACKGROUND
1. Location.The referenced property, Lot 28-C, containing a total of 11.426 acres, is situated in
Ahualoa Homesteads, Hamakua, Hawaii.
2. County Zoning.A-5a(Agricultural, minimum 5-acre lot size).
3. State Land Use.Urban(U).
www.plannine.hawaiicounty.eov Hawaii County is an Equal Opportunity Provider and Employer planning@hawaiicounty.EOy
I
Chrystal Thomas Yamasaki, LPLS
Wes Thomas Associates
PL-SVAR-2025-000070
Denial Letter
February 6, 2026
Page 2
4. General Plan. Land Use Pattern Allocation Guide (LUPAG) map designates the property as
Important Agricultural Land(ial).
5. Subdivision Code Requirements. The subdivision code requires that subdivisions be served
by a water system meeting the minimum requirements of the County Department of Water
Supply(DWS) and be provided with water mains and fire hydrants installed to and within the
subdivision in accordance with the rules and regulations of the DWS.
6. Subdivision Request/PPM. Subdivision application PL-SUB-2025-000377 was submitted to
subdivide the subject property into two (2) lots. Further action on the subdivision application
has been deferred pursuant to the letter of January 2,2026, in the subdivision file.
7. Variance Application.The variance request from water supply improvements for two (2) lots
was acknowledged by Planning Department letter dated December 9, 2025. This variance
application includes background history and circumstances and information regarding the
pending subdivision application.
8. Agency Comments and Requirements.
a. State of Hawaii Department of Health (DOH): See attached memorandum dated
December 19, 2025. (Exhibit A).
b. Department of Water Supply (DWS): See attached memorandum dated January 9, 2026,
(Exhibit B).
c. Department of Water Supply (DWS): See attached memorandum dated January 15, 2026,
(Exhibit Q.
9. Notice to Surrounding Owners/Posted Sign.
a. The applicant submitted evidence, dated November 19, 2025, regarding the posting of a
public notification sign on the subject property pursuant to Section 23-17(c) of the Hawaii
County Code(HCC). Pictures of the posted sign were also submitted.
b. According to USPS certificate of mailing receipts and affixed postal receipts, the notices
to surrounding property owners within 300 feet were mailed on December 10, 2025, as
required by Section 23-17(a).
c. Notice of this application was also published in the Hawaii Tribune Herald and West
Hawaii Today on December 29, 2025.
Chrystal Thomas Yamasaki,LPLS
Wes Thomas Associates
PL-SVAR-2025-000070
Denial Letter
February 6, 2026
Page 3
10. Comments from Surrounding Property Owners or Public. There were no written
comments received from the surrounding property owners or the public.
REVIEW CRITERIA
Section 23-14 of the County Code provides the Director with the general authority to grant
variances. Said section states the following:
"Variances from the provisions of this chapter may be granted; provided,that a variance shall not
allow the introduction of a use not otherwise permitted within the district; and provided further
that a variance shall not primarily effectuate relief from applicable density limitations.
Section 23-15 states that no variance will be granted unless it is found that:
a. There are special or unusual circumstances applying to the subject real property which exist
either to a degree which deprives the owner or applicant of substantial property rights that
would otherwise be available, or to a degree which obviously interferes with the best use or
manner of development of that property; and
b. There are no other reasonable alternatives that would resolve the difficulty; and
c. The variance is consistent with the general purpose of the district, the intent and purpose of
this chapter, and the general plan,and will not be materially detrimental to the public welfare
or cause substantial, adverse impact to an area's character or to adjoining properties.
ALTERNATIVES/SPECIAL AND UNUSUAL CIRCUMSTANCES
The applicants contend that municipal water is not available from the Department of Water Supply.
In review of the application materials and comments from the respective agencies,the Department
finds no special or unusual circumstances justifying the variance.
INTENT AND PURPOSE
The intent of providing a variance from water requirements in the subdivision code is to allow
alternative water resources when there is no municipal water available, whether through a lack of
facilities or a lack of capacity.
The Department of Water Supply has indicated that water is available for the proposed subdivision.
The Planning Department finds no special or unusual circumstances justifying the variance.
Chrystal Thomas Yamasaki, LPLS
Wes Thomas Associates
PL-SVAR-2025-000070
Denial Letter
February 6, 2026
Page 4
VARIANCE DECISION
The variance application, PL-SVAR-2025-000070, concerning the applicant's request for a
variance from constructing minimum County dedicable water supply system to the subject
property is hereby denied.
The Department of Water Supply has indicated that water is available for the proposed subdivision.
The Planning Department finds no special or unusual circumstances justifying the variance.
APPEAL
In accordance with Ordinance No. 99-112, you may appeal the director's decision as follows:
a. Any person aggrieved by the decision of the director in the administration or application of
this chapter may, within thirty days after the date of the director's written decision, appeal
the decision to the board of appeals.
b. A person is aggrieved by a decision of the director if:
1. The person has an interest in the subject matter of the decision that is so directly and
immediately affected, that the person's interest is clearly distinguishable from that of
the general public: and
2. The person is or will be adversely affected by the decision.
c. An appeal shall be in writing,in the form prescribed by the board of appeals and shall specify
the person's interest in the subject matter of the appeal and the grounds of the appeal. A
filing fee of$250 shall accompany any such appeal. The person appealing a decision of the
director shall provide a copy of the appeal to the director and to the owners of the affected
property and shall provide the board of appeals with proof of service.
d. The appellant, the owners of the affected property, and the director shall be parties to an
appeal. Other persons may be admitted as parties to an appeal, as permitted by the board of
appeals.
e. The board of appeals may affirm the decision of the director, or it may reverse or modify the
decision, or it may remand the decision with appropriate instructions if based upon the
preponderance of evidence the board finds that:
Chrystal Thomas Yamasaki, LPLS
Wes Thomas Associates
PL-SVAR-2025-000070
Denial Letter
February 6, 2026
Page 5
1. The director erred in its decision; or
2. (2) The decision violated this chapter or other applicable law; or
3. (3) The decision was arbitrary or capricious or characterized by an abuse of discretion
or clearly unwarranted exercise of discretion.
In view of the above and for your reference, we have enclosed the GENERAL PETITION FOR
APPEAL OF DECISIONS BY PLANNING DIRECTOR form.
Sincerely, `,�) l/
l/Pi/ /Lei YV. D�/ oW
Jeff�W.Darrow(Feb 6,2026 12:26:28 HST)
JEFFREY W. DARROW
Planning Director
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(Water)\PL-SVAR-2025-000070 Viernes-Rogler DENIAL 02-06-26.doex
Encl.: Agency Comments (Exhibits A,B, & C)
General Petition for Appeal of Decisions by Planning Director Form
JOSH GREEN,M.D. o M=>, KENNETH S.FINK,M.D,MGA,MPH
GOVERNOR OF HAWAII ��•� "� DIRECTOR OF HEALTH
KE KIA'AINA O KA MOKU'AINA O HAWAI'I q�r +4:�,:,; KA LUNA HO'OKELE
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EXHIBIT A
STATE OF HAWAII
DEPARTMENT OF HEALTH
P.O.BOX 916
HILO,HAWAII 96721-0916
MEMORANDUM
DATE: December 19, 2025
TO: Mr. Jeffrey W. Darrow
Planning Director, County of Hawaii
FROM: Eric Honda
District Environmental Health Program Chief
SUBJECT: Application: SUBDIVISION VARIANCE PL-SVAR-2025-000070
Applicant: WES THOMAS ASSOCIATES
f Owners: THOMAS J. VIERNES & KRISTI A. ROGLER
Request: Variance from Chapter 23, Subdivisions, Article 6,
Division 2, Improvements Required, Section 23-84
Water Supply
TMK: 4-6-008:077 (PL-SUB-2025-000377)
In most cases,the District Health Office will no longer provide individual comments to
agencies or project owners to expedite the land use review and process.
Agencies,project owners, and their agents should apply Department of Health"Standard
Comments"regarding land use to their standard project comments in their submittal.
Standard comments can be found on the Land Use Planning Review section of the
Department of Health website: https://health.hawaii.gov/epo/landuse/. Contact
information for each Branch/Office is available on that website.
Note: Mencies and proiect owners are responsible for adhering to all applicable
standard comments and obtaining proper and necessary permits before the
commencement of any work.
General summary comments have been included for your convenience. However, these
comments are not all-inclusive and do not substitute for review of and compliance with all
applicable standard comments for the various DOH individual programs.
Clean Air Branch
Jeffrey W. Darrow
December 19, 2025
Page 2 of 4
1. All project activities shall comply with the Hawaii Administrative Rules(HAR),
Chapters 11-59 and 11-60.1.
2. Control of Fugitive Dust: You must reasonably control the generation of all
airborne, visible fugitive dust and comply with the fugitive dust provisions of
HAR §11-60.1-33.Note that activities that occur near existing residences,
businesses,public areas, and major thoroughfares exacerbate potential dust
concerns. It is recommended that a dust control management plan be developed
which identifies and mitigates all activities that may generate airborne and visible
fugitive dust and that buffer zones be established wherever possible.
3. Standard comments for the Clean Air Branch
are at: https://healtli.liawaii.gov/epo/landuse/
Clean Water Branch
1. All project activities shall comply with the HAR, Chapters 11-53, 11-54, and 11-55.
1. The following Clean Water Branch website contains
information for agencies and/or project owners who are
seeking comments regarding environmental compliance for
their projects with HAR, Chapters 11-53, 11-54, and 11-55:
https://health.hawaii.gov/ewb/clean-water-branch-home-
pa%g ewb- standard-comments/.
Hazard Evaluation &Emergency Response Office
1. A Phase I Environmental Site Assessment(ESA) and Phase H Site Investigation
should be conducted for projects wherever current or former activities on site may
have resulted in releases of hazardous substances, including oil or chemicals.
Areas of concern include current and former industrial areas, harbors, airports,
and formerly and currently zoned agricultural lands used for growing sugar,
pineapple or other agricultural products.
2. Standard comments for the Hazard Evaluation&Emergency Response Office
are at: https://Iiealth.hawaii.gov/epo/landuse/.
Indoor and Radiological Health Branch
1. Project activities shall comply with HAR Chapters 11-39, 11-45, 11-46, 11-501, 11-
502,
11-503, and 11-504.
2. Noise may be generated during demolition and/or construction. The
applicable maximum permissible sound levels, as stated in Title 11, HAR,
Chapter 11-46, "Community Noise Control,"shall not be exceeded unless a
noise permit is obtained from the Department of Health.
3. Construction/Demolition Involving Asbestos: If the proposed project includes
renovation/demolition activities that may involve asbestos, the applicant should
contact the Asbestos and Lead Section of the Branch at
https://health.hawaii.gov/i.rhb/asbestos/.
Jeffrey W. Darrow
December 19, 2025
Page 3 of 4
Safe Drinking Water Branch
1. Agencies and/or project owners are responsible for ensuring environmental
compliance for their projects in the areas of 1) Public Water Systems; 2)
Underground Injection Control; and 3) Groundwater and Source Water Protection
in accordance with HAR Chapters 11-19, 11-20, 11-21, 11-23, 11-23A, and 11-
25. They may be responsible for fulfilling additional requirements related to the
Safe Drinking Water program: https://health.hawaii.gov/sdwb/.
2. Standard comments for the Safe Drinking Water Branch can be
found at: https://health.hgwy ii.goy/epo/landuse/.
Solid &Hazardous Waste Branch
1. Hazardous Waste Program - The state regulations for hazardous waste and used
oil are in HAR Chapters 11-260.1 to I1-279.1. These rules apply to the
identification, handling, transportation, storage, and disposal of regulated
hazardous waste and used oil.
2. Solid Waste Programs - The laws and regulations are contained in HRS Chapters
339D, 342G, 342H, and 342I, and HAR Chapters 11-58.1 and 11-282.
Generators and handlers of solid waste shall ensure proper recycling or disposal
at DOH-permitted solid waste management facilities. If possible,waste
prevention, reuse, and recycling are preferred options over disposal. The Office
of Solid Waste Management also oversees the electronic device recycling and
recovery law, the glass advanced disposal fee program, and the deposit beverage
container program.
3. Underground Storage Tank Program—The state regulations for underground
storage tanks are in HAR Chapter 11-280.1. These rules apply to the design,
operation, closure, and release response requirements for underground storage
tank systems, including unknown underground tanks identified during
construction.
4. Standard comments for the Solid&Hazardous Waste Branch can be
found at: https://health.hawaii.gov/epo/landuse/.
Wastewater Branch
For comments,please email the Wastewater Branch at doh,wwb,a,doh.hawaii.gnu.
Sanitation/Local DOH Comments:
1. According to HAR §11-26-35,No person, firm, or corporation shall demolish or
clear any structure without first ascertaining the presence or absence of rodents
that may endanger public health by dispersal from such premises. Should any
such inspection reveal the presence of rodents, the rodents shall be eradicated
before demolishing or clearing the structure. A demolition permit is required prior
to demolition.
Jeffrey W. Darrow
December 19, 2025
Page 4 of 4
Other
1. CDC -Healthy Places - Healthy Community Design Checklist Toolkit
recommends that state and county planning departments, developers, planners,
engineers, and other interested parties apply these principles when planning or
reviewing new developments or redevelopment projects.
2. If new information is found or changes are made to your submittal, DOH reserves
the right to implement appropriate environmental health restrictions as required.
Should there be any questions on this matter,please contact the Department of
Health,Hawaii District Health Office, at(808) 933-0917.
i
i
EXHIBIT B
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1,
;! DEPARTMENT OF WATER SUPPLY COUNTY OF HAWAVI
6..........•ar� 345 KEKUANAO'A STREET, SUITE 20 HILO, HAWAI'I 96720
HAWS«. TELEPHONE (808)961-8050 - FAX(808)961-8657
January 9, 2026
CGH PLANNING DES'
JAN 12 2026 Pm3:L-2
TO: Mr. Jeffrey Darrow, Director
Planning Department RECD HAT DJELIV ?ED
FROM: Keith K. Okamoto, Manager-Chief Engineer
SUBJECT: Subdivision Variance PL-SVAR-2025-000070
Applicant: Wes Thomas Associates
Request: Variance from Chapter 23, Subdivisions,Article 6, Division 2,
Improvements Required, Section 23-84, Water Supply
Tax Map Key 4-6-008:077 (PL-SUB-2025-000377)
We have reviewed the subject application and defer our comments until we can provide comments to
the Preliminary Plat Map for PL-SUB-2025-000377 which was received on January 6,2026.
Should there be any questions, please contact Ms. Robyn Matsumoto of our Water Resources and
Planning Branch at 808-961-8070, extension 255.
I
Sincerely yours,
i
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Keith K. Okamoto, P.E.
jManager-Chief Engineer
RM:dfg
copy— Wes Thomas Associates
Skilled Services, LLC
. . . Water, Our%ost(Precious ?fsource . . . Xa WaiA pane . . .
The Department of Water Supply is an Equal Opportunity provider and employer.
EXHIBIT C
pF W TlkS
'A ,rr' DEPARTMENT_ OF WATER SUPPLY COUNTY OF HAWAVI
345 KEKUANAO'A STREET,SUITE 20 HILO, HAWAI'I 96720
TELEPHONE (808)961-8050 • FAX(808)961-8657
January 15,2026
TO: Mr. Jeffrey Darrow, Director
Planning Department
FROM: Keith K. Okamoto, Manager-Chief Engineer
SU13.JECT: Subdivision Variance PL-SVAR-2025-000070
Applicant: Wes Thomas Associates
Request: Variance from Chapter 23,Subdivisions, Article 6, Division 2,
Improvements Required, Section 23-84, Water Supply
Tax Map Key 4-6-008:077 (I'L-SU13-2025-000377)
We have submitted our comments to your Department, dated January 9, 2026, regarding the
Preliminary Plat Map.The following additional comments apply to the subject application.
Water service is now available. Please ensure compliance with our comments dated January 9, 2026,
that were submitted to your Department.
Once your Department approves the variance,the Water Waiver must still be canceled prior to granting
final subdivision approval.
Should there be any questions, please contact Ms. Robyn Matsumoto of our Water Resources and
Planning Branch at 808-961-8070, extension 255.
Sincerely yours,
Keith K. Okamoto, P.E.
Manager-Chief Engineer
RM:dfg
copy— Wes Thomas Associates
Skilled Services, LLC
. . . Water, Our%ost (Precious(Rfsource . . . I<a `Wai A pane . . .
The Department of Water Supply is an Equal Opportunity provider and employer
Aloha!
The County of Hawai`i Planning Department has launched its Electronic Processing and Information
Center (EPIC)sytem, which allows applicants to submit applications and payments to the Planning
Department electronically.
What is the EPIC system?
The EPIC system is an electronic submittal system only. What does this mean?EPIC replaces the
process of mailing/dropping off your completed paper application and fee to the Planning Department; it
does not replace the process of filling out the application form. Applicants will still need to download
the appropriate Planning Department application form from our website
(www.planning.hawaiicounty.gov), fill it out, and collect any supporting documents prior to submittal.
How does EPIC affect the application submittal process?
With the launch of the EPIC system,the Planning Department is no longer accepting paper applications.
All application submittals and payments must be completed through EPIC.
I've filled out the application and collected my supporting documents. Now what?
• Save your application and documents in PDF form.
• Create your user account in EPIC. Visit www.planning.hawaiicounty.gov and click on the
Electronic Processing and Information Center banner. You will be redirected to EPIC`s
Customer Self-Service(CSS)portal,where you may create a new user account.
• Once your account is created, select the application you wish to apply for. During the submittal
process:
o When prompted to Add Contacts,you may add any person/company as a Contact so long
as that Contact has their own EPIC user account. Contacts will be able to view your
application and any documents associated with your submittal. As some applications may
contain personal financial information, please do not add contacts whom you do not wish
to be able to access this information.
o When prompted to Add Attachments,please upload your PDF file(s).
Where do I find out more information about the EPIC system and how to use it?
• How-to videos for navigating the EPIC system are available online.
o Visit www.planning.hawaiicouM.gov
o Click on the Electronic Processing and Information Center banner
o On EPIC's welcome page, click Help and scroll through the drop-down menu to view the
list of available how-to videos
• Need more help?Please contact us:
o HILO Main line: (808) 961-8288
o KONA Main line: (808) 323-4770
o Email: planning(a,hawaiicoun ov
COUNTY OF HAWAYI
Electronic Processing and
Information Center (EPIC)
4OJN(V of
♦� ;4
'1TE Of•NT'�
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):
Appeal Decision of the Planning Director Appeal Decision of Director of Public Works
SUBJECT PROPERTY(land in question):
Tax Map Key(TMK): Area of Property:
State Land Use
Designation: County Zoning:
Street Address:
APPELLANT INFORMATION:
Name(s):
Signature(s): Date:
Mailing Address:
Telephone: Email:
Interest in Subject
Property:
LANDOWNER INFORMATION:
Name(s):
Signature(s)": Date:
Mailing Address:
Telephone: Email:
APPELLANT REPRESENTATIVE INFORMATION (leave blank if not applicable):
Names)/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:
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:
Statement of any other relevant facts:
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
INSTRUCTIONS
GENERAL PETITION FOR APPEAL OF DECISIONS BY PLANNING DIRECTOR OR PUBLIC WORKS DIRECTOR
Board of Appeals Rules of Practice and Procedure (RPP) can be reviewed in the Planning Department or
on the following website: https://records.hawaiicounty.gov/Weblink/1/doc/34351/Pagel.aspx.
For a General Petition for Appeal filed with the Board of Appeals to be considered complete, it must
contain the following:
1. A filing fee of two hundred fifty dollars ($250) payable to the County Director of Finance [RPP
Section 8-71.
2. The original in electronic form of the following:
1. The General Petition for Appeal application form above.
2. Supplemental documents that provide the following:
a. A description of the property involved in the appeal in sufficient detail for the public to
precisely locate the property.
b. A statement explaining the nature of the appeal and the relief requested.
c. A statement explaining:
i. How the decision appealed from violates the law; or
ii. How the decision appealed from is clearly erroneous; or
iii. How the decision appealed from was arbitrary or capricious, or characterized by
an abuse of discretion or clearly unwarranted exercise of discretion.
d. A clear and concise statement of any other relevant facts.
3. A copy of the Director's decision letter that is being appealed.
Note that the Board of Appeals is a separate entity from the Planning Director and Director of Public Works.
Pursuant to RPP Section 8-8, you are required to serve a copy of the petition to the Director of the decision
being appealed, and to all landowners of the affected property if the landowners are not the Appellants.
For questions, please email boardofappeals@hawaiicounty.gov.
You may submit the completed petition as a PDF document at the on-line Electronic Processing &
Information Center (EPIC).
\\COH01\planning\public\BOA\Forms and Labels\Application Forms\APPEAL 2021-07-PL or PW Dir.docx Revised April 2021