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HomeMy WebLinkAbout2026-11-13 Board Of Appeals AgendaC. Kimo Alameda, Ph.D. oNtY O°"•y Mayor �re'oc •N�'d Cathy Lewis, Chair Rachel Able, Vice Chair 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 Porsche Ha'o John Kimura Anna Liu Scott Martin Mad Wilson NOTICE IS HEREBY GIVEN of hearings to be held by the Board of Appeals of the County of Hawaii in accordance with the provisions of Chapter 92-7, Hawaii Revised Statutes, as amended; Section 6-9.2 of the Charter of the County of Hawaii; and Rule 1-5 of the Board's Rules of Practice and Procedure. DATE: Friday, November 13, 2026 TIME: 9:30 a.m. PLACE: Waiakea Uka Community Center 1200 Ainaola Drive, Hilo, HI 96720 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: httr)s://www.youtube.com/(a-)cohr)lanningder)artment/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: httos://records.hawaiicounty.aov/weblink/Browse.asDx?dbid=1 &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. WILLIAM FRAZIER (PL-BOA-2025-000123) PROPOSED FINDINGS OF FACT, CONCLUSIONS OF LAW, DECISION AND ORDER Affirming Decision by the Director of Public Works Dated July 23, 2025, Regarding Notice of Unpermitted Driveway in the County Right -of -Way. Location: Wright Road, Volcano, HI 96785 TMK: (3) 1-9-003.018 2. CLAUDIA ROHR (PL-BOA-2025-000121) PROPOSED FINDINGS OF FACT, CONCLUSIONS OF LAW, DECISION AND ORDER GRANTING PLANNING DIRECTOR MOTION TO DISMISS Appeal of Decision by the Director of Public Works Dated April 1, 2025, Regarding Issuance of Building Permit No. PW.B2024-005123. Location: 14 Oeoe Street, Hilo, HI 96720 TMK: (3) 2-1-018.013 NEW BUSINESS 3. CLAUDIA ROHR (PL-BOA-2026-000133) Appeal of Decision by the Planning Director Dated March 25, 2026, Regarding Special Management Area (SMA) Use Permit Assessment Application (PL-SAA- 2026-000330) and Special Management Area (SMA) Minor Permit (PL-SMM- 2026-000085). Location: 27-121 Mill Road, Papa`ikou Camp, South Hilo District, Hawaii TMK: (3) 2-7-004.118 4. PATRICK FERREIRA (PL-BOA-2026-000137) Defective Petition for Appeal Location: 27-256 Old Mamalahoa Hwy, Papa`ikou, HI 96781 TMK: (3) 2-7-033.019 5. TRADE WINDS PRODUCTIONS, INC. (PL-BOA-2026-000128) Appeal of Decision by the Planning Director Dated December 4, 2025, Regarding Notice of Violation and Order (PL-PCV-2025-00112) Relating to Violation of Conditions of Special Management Area Assessment (PL-SAA-2025-000300). Location: 78-133 Ehukai Street, Kailua-Kona, HI 96740 TMK: (3) 7-8-012.002 6. `OHANA O MOKUHULU, KAIMU MAKENA, AND KALAPANA (LESLIE ENRIQUEZ ROSEHILL) (PL-BOA-2026-000127) Appeal of Decision by the Planning Director Dated December 4, 2025, Regarding Issuance of Special Management Area (SMA) Minor Permit (PL-SMM-2025- 000079) for Construction of New Single -Family Residence and Related Improvements. Location: 12-7789 Kalapana Kapoho Beach Road, Pahoa, HI 96778 TMK: (3) 1-2-018.001 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), Hawaii 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, Hawaii 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 October 9, 2026, 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, November 11, 2026. https://www.zoomgov.com/meeting/register/8yDDB97OSDe87xpi8y4AeA Written testimony may be submitted via email at boardofappeals(a-).hawaiicounty.gov, by mail, or in person. Mail or hand -deliver written testimony to Hilo Planning Department at 101 Pauahi Street, Suite 3, Hilo, Hawaii 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 are available for public inspection online at htti)s://records.hawaiicounty.gov/Weblink/Browse.asl)x?dbid=1 &startid=109683 or during regular business hours at the Hilo office of the Planning Department, Aupuni Center, 101 Pauahi Street, Suite 3, Hilo, Hawaii and at the Kona office of the Planning Department, West Hawaii Civic Center, 74-5044 Ane Keohokalole Highway, Building E, 2nd Floor, Kailua-Kona, Hawaii. Notice to Lobbyists: If you area lobbyist, you must register with the Hawaii County Clerk within five days of becoming a lobbyist. {Article 15, Section 2-91.3(b), Hawaii 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), Hawaii County Code} Registration forms and expenditure report documents are available at the Office of the County Clerk, Hawaii County Building, 25 Aupuni Street, Room 1402, Hilo, Hawaii 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 Hawaii County is an Equal Opportunity Provider and Employer