HomeMy WebLinkAbout2025-09-24 PL-BOA-2025-000125 Kona Plantation LLC Ack Ltr ,,,. )
County of Hawaii
BOARD OF APPEALS
Aupuni Center • 101 Pauahi Street, Suite 3 • Hilo,Hawai`i 96720
(808)961-8288 • Fax(808)961-8742
September 24, 2025
Gregory W. Kugle
Toren K. Yamamoto
Damon Key Leong Kupchak Hastert
1003 Bishop Street, Suite 1600
Honolulu, HI 96813-6452
Dear Gregory Kugle and Toren Yamamoto:
Request: Appeal of Decision by the Planning Director Dated July 31,2025, Regarding
Notice of Violation and Order (PL-PCV-2024-00797) Relating to Short-Term
Vacation Rental (STVR), Events Without Special Permits, and Unpermitted
Farm Dwellings
Reference: PL-BOA-2025-000125
Appellant: Kona Plantation,LLC
Landowner: Kona Plantation,LLC
Location: 77-360 Ho`omaluhia Drive, Kailua-Kona,HI 96740
TMK: (3) 7-7-004:073-0001 & 0002
This is to acknowledge receipt of the above-referenced petition received on September 17, 2025.
The initial petition that you submitted, and which the Board received on September 11, 2025, was
incomplete and, therefore, we communicated the discrepancies to you with an email dated
September 17, 2025. Therefore, September 17, 2025 is the effective date of receipt of the petition.
According to the Board of Appeals Rules of Practice and Procedure Rule 8-11(a), the Board shall
conduct a hearing on the petition within one hundred twenty (120) days from the date the petition
is properly filed. The Board shall then act on the petition within a period of ninety (90) days after
the close of the hearing. Your petition will be scheduled for the Board's hearing on Friday,
December 12, 2025, at 9:30 a.m. Please note that the parties may seek a settlement prior to the
scheduled hearing. In such case, the parties may submit a request to continue the hearing to the
Board of Appeals staff.
Hawai`i County is an Equal Opportunity Provider and Employer
Gregory W. Kugle
Toren K. Yamamoto
Damon Key Leong Kupchak Hastert
Page 2 of 2
September 24, 2025
Board of Appeals Rules of Practice and Procedure section 8-11(d) requires notification of your
petition to all property owners within 500 feet of the affected property. You must notify the
surrounding properties not less than twenty (20) days prior to the hearing date, and proof of your
notification shall be filed with the Board prior to the date of the hearing.
Please review the Board's Rule 3-13(g) regarding submission of exhibits to the Board. As an
Appellant, additional exhibits shall be submitted no later than thirty (30) days following the filing
of a complete appeal. Your petition to appeal was filed on September 17, 2025. Further,
responding parties have ten (10) days after filings to provide exhibits in response.
Please note that all correspondence sent to the Board of Appeals should also be sent to all parties,
which include the landowners, appellant, and the Director (appellee). Rules 2-6 and 8-8 direct
you to the requirements regarding service of documents to all required parties. We
recommend that you review these rules to confirm that you have fulfilled their requirements.
The Board of Appeal's Rules of Practice and Procedure are available to view online at:
https://records.hawaiicounty.gov/weblink/1/doc/34351/Page 1.aspx.
Should you have any questions, please feel free to contact the staff to the Board at
boardofappeals@hawaiicounty.gov.
Sincerely,
5atia7711.494A1-41-e-H11.,
fclif Cathy Lewis, Chair
Board of Appeals
cc: Board of Appeals
Planning Director
BOA Corporation Counsel— Sylvia Wan, Esq.
Department Corporation Counsel—Jean Campbell, Esq.
AD
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