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Home My WebLink About2024-10-11 Board of Appeals Agenda Mitchell D. Roth • 0:1.`- "•''p;•• Cathy Lewis,Chair Mayor :"" -• Daina(Noe)Saiki,Vice Chair Y .; � /, I' Rachel Able Stacey Aguiar i Scott Martin r�r f`oF �=`� Lisa McNamarra Scott Trefethen County of Hawaii BOARD OF APPEALS Aupuni Center• 101 Pauahi Street,Suite 3 • Hilo,Hawai'i 96720 (808)961-8288•Fax(808)961-8742 AGENDA NOTICE IS HEREBY GIVEN of hearings to be held by the Board of Appeals of the County of Hawai`i in accordance with the provisions of Chapter 92-7, Hawai`i Revised Statutes, as amended; Section 6-9.2 of the Charter of the County of Hawai`i; and Rule 1-5 of the Board's Rules of Practice and Procedure. DATE: Friday, October 11, 2024 TIME: 9:30 a.m. PLACE: West Hawaii Civic Center Council Chambers, Building A 74-5044 Ane Keohokalole Highway, Kailua-Kona, HI 96740 Board of Appeals board members and applicants may attend via Zoom or in person. The public may provide verbal testimony by joining Zoom or via the physical location listed above. See "Submitting Testimony" below for more information. The public will be able to view and listen to the live meeting at: https://www.youtube.com/@cohplanningdepartment/streams. A full schedule of active Board of Appeals cases can be viewed on the Planning Department's website. This schedule is updated regularly and will reflect changes made subsequent to the publication of this agenda: https://records.hawaiicounty.gov/weblink/Browse.aspx?dbid=l&startid=103626. Minutes of the Board of Appeals meeting will be posted on the Planning Department's website. CALL TO ORDER STATEMENTS FROM THE PUBLIC ON ITEMS ON THE AGENDA Pursuant to HRS 92-3 interested persons that want to provide oral testimony may do so either at the time the board takes public statements on the agenda or at the time the specific agenda item is called or as otherwise allowed at the sole discretion of the Chair. OLD BUSINESS 1. MATTHEW COUPE (PL-BOA-2024-000099) FINDINGS OF FACT, CONCLUSIONS OF LAW, AND DECISION AND ORDER TO DENY Appeal of Decision by the Planning Director Dated January 31, 2024, Regarding Approval of Variance (PL-SVAR-2023-000041). Location: 81-1040 Puu Lehua Drive, Kealakekua, HI 96750 TMK: (3) 8-1-002:071 NEW BUSINESS 2. DANIEL B.AND JANET T. BOLTON (PL-BOA-2022-000024) Appeal of Decision by the Planning Director Dated April 19, 2022, Regarding Notice of Violation and Order(PL-PCV-2022-00182) Relating to Processing of Aggregate Material on Agricultural Land and Operation of a Contractor's Yard. Location: 75-476 Hualalai Road, Kailua-Kona, HI 96740 TMK: (3) 7-5-017:031 & 044 3. DANIEL B.AND JANET T. BOLTON (PL-BOA-2022-000026) Appeal of Decision by the Director of Public Works Dated June 3, 2022, Regarding the Revocation of Grading Permit No. PW.ENG2021-00094 (extension of Permit No. 092524). Location: 75-476 Hualalai Road, Kailua-Kona, HI 96740 TMK: (3) 7-5-017:031 & 044 4. DANIEL B.AND JANET T. BOLTON (PL-BOA-2023-000063) Appeal of Decision by the Director of Public Works Dated December 20, 2022, Regarding Notice of Order(CE2021-74K) for Fines Related to Notice of Violation Dated June 1, 2022. Location: 75-456 Hualalai Road, Kailua-Kona, HI 96740 TMK: (3) 7-5-017:031 5. I'O PROCESSING COMPANY INC. DBA I'O PROCESSING COMPANY (PL-BOA-2023-000065) Appeal of Decision by the Director of Public Works Dated January 13, 2023, Regarding Denial of Declarations of Compliance for Agricultural Buildings. Location: 73-4103 Hawai`i Belt Road, Kailua-Kona, HI 96740 TMK: (3) 7-3-002:015 6. 1250 OCEANSIDE,LLC (PL-BOA-2024-000104) Appeal of Planning Director Declaratory Ruling Docket No. 24-0001 dated April 29, 2024, in Response to C&J Coupe Family LP Petition for Declaratory Ruling (PL-INT-2024-007028) dated February 7, 2024, and Supplement to Petition for Declaratory Ruling dated March 27, 2024, Regarding the Dedication of Mauka Haleki'i Extension, Makai Haleki'i Extension, and Connector Road to the County and a Request of Public Hearing. Location: Kealakekua, South Kona TMK: (3) 8-1-004:070& 8-1-030:055 7. 1250 OCEANSIDE,LLC (PL-BOA-2024-000105) Appeal of Planning Director Declaratory Ruling Docket No. 24-0002 dated April 29, 2024, in Response to 1250 Oceanside LLC Petition for Declaratory Ruling (PL-INT-2024-007099) dated February 28, 2024, Regarding Planning Director Not Ruling Upon Certain Requests, and Related to the Dedication of Mauka Haleki'i Extension, Makai Haleki'i Extension, and Connector Road. Location: Kealakekua, South Kona TMK: (3) 8-1-004:070& 8-1-030:055 EXECUTIVE SESSION With reference to the agenda items listed, one or more executive meetings may be anticipated. The Board may convene an executive meeting pursuant to Chapter 92-5(a)(4), Hawai`i Revised Statutes, as amended, for the purpose of consulting with the Board's attorney on questions and issues pertaining to the Board's powers, duties,privileges,immunities, and liabilities. Pursuant to Chapter 92-4, Hawai`i Revised Statutes, as amended, and Rule 1-5(e), Board of Appeals Rules of Practice and Procedure, an affirmative 2/3 vote of the members present is necessary to hold an executive meeting. MINUTES Approval of the August 9,2024,Board of Appeals hearing minutes. ADMINISTRATIVE MATTERS Status of appeals filed on Board of Appeals decisions - Corporation Counsel Status of outstanding petitions - Staff ANNOUNCEMENTS ADJOURNMENT SUBMITTING TESTIMONY To provide verbal testimony via Zoom, please use the link below to register no later than 4:00 p.m. on Wednesday, October 9, 2024. https://www.zoomgov.com/meeting/register/vJltcugvpzsuGYutKSZheA8L209Ni3wX1DE Written testimony may be submitted via email at boardofappeals@hawaiicounty.gov, by mail, or in person. Mail or hand-deliver written testimony to Hilo Planning Department at 101 Pauahi Street, Suite 3, Hilo, Hawai`i 96720 up to two business days prior to the hearing by 4:30 p.m. According to Board of Appeals Rules of Practice and Procedure 1-5 (i) 1-5,any person desiring to testify shall indicate his or her name and residence address and indicate whether he or she is testifying on his or his own behalf, or as a representative of the applicant/appellant, or an organization. Documents provided to members of this board for this meeting is available for public inspection online athttps://records.hawaiicounty.gov/Weblink/Browse.aspx?dbid=l&startid=109683 or during regular business hours at the Hilo office of the Planning Department, Aupuni Center, 101 Pauahi Street, Suite 3, Hilo, Hawai`i and at the Kona office of the Planning Department, West Hawai`i Civic Center, 74-5044 Ane Keohokalole Highway, Building E, 2nd Floor, Kailua-Kona, Hawai`i. Notice to Lobbyists: If you are a lobbyist,you must register with the Hawai`i County Clerk within five days of becoming a lobbyist. {Article 15, Section 2-91.3(b), Hawai`i County Code} A lobbyist means "any individual engaged for pay or other consideration who spends more than five hours in any month or $275 in any six-month period for the purpose of attempting to influence legislative or administrative action by communicating or urging others to communicate with public officials." {Article 15, Section 2-91.3(a)(6), Hawai`i County Code} Registration forms and expenditure report documents are available at the Office of the County Clerk, Hawai`i County Building, 25 Aupuni Street, Room 1402, Hilo, Hawai`i 96720. If you need an auxiliary aid/service or other accommodation due to a disability, contact the Planning Department at(808) 961-8288 as soon as possible, and no later than five (5)working days prior to the meeting date. Requests made as early as possible have a greater likelihood of being fulfilled. Upon request,this notice may be made available in alternate/accessible formats. CATHY LEWIS, CHAIRPERSON BOARD OF APPEALS Hawai`i County is an Equal Opportunity Provider and Employer