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DISTRIBUTED AT LPC 8-9-23 HEARING <br /> Item #3 Joan Hunziker (PL-SPP-2023-036) <br /> Comments from Ka Aina Pono Subdivision Lot Owners <br /> Received within 48 hours of LPC hearing <br /> Ka Aina Pono Subdivision <br /> Lot Owners <br /> July 10, 2023 RCUD COH PLANNING DEPT <br /> AUG 7'23 PM12:21 <br /> Leeward Planning Commission <br /> COUNTY OF HAWAi'I <br /> West Hawaii Civic Center <br /> 74-5044 Ane Keohokalole Highway, Building E, 2nd Floor <br /> Kailua-Kona, Hawaii <br /> RE: Special Permit Application (PL-SPP-2023-000-036) <br /> Applicant Joan Hunziker <br /> Dear Commissioners; <br /> With regards to the above referenced Special Permit application, the subject property is <br /> located within the Ka Aina Pono Subdivision (KAP) that is governed by the Declaration <br /> of Protective Covenants, Conditions, and Restrictions for Ka Aina Pono Subdivision <br /> (Covenants) (Doc No 2008-178917). These Covenants contain restrictions on the use of <br /> any lot within KAP for guest purposes that would prohibit the use of the subject property <br /> as either a Hosted Rental or a Bed and Breakfast. <br /> Specifically per Article Il. USE RIGHTS AND RESTRICTIONS <br /> Section 2.1 Use Limitations. <br /> Every Lot (other than the Roadway Easement) within 'KAAINA PONO SUBDIVISION' <br /> shall be used as allowed under the state land use guidelines for the State and County of <br /> Hawaii. No Lot(other_than theRoadwayEasement) shall_ e_improved exceot_with <br /> one_buildina or complex. desianed to accommodate no more than one family and <br /> occasional quests. plus such auests'auarters or other Improvements as are <br /> necessary or customarily.ingidental to a single family home. No ohana dwelling or <br /> other second dwelling of any type or nature shall be permitted on any Lot within 'KA <br /> AINA PONO SUBDIVISION'. <br /> 'Occasional' per Cornell University of law, is defined as "occurring infrequently, at <br /> irregular intervals, and according to no fixed or certain scheme; acting or serving for the <br /> occasion or only on particular occasions." <br /> From Law Insider`occasional' means occurring from time to time, on an infrequent or <br /> irregular basis, with no particular pattern. <br /> Per dictionaMcom What is classed as occasionally? occasional. /(e'kei3anal)/ <br /> adjective. taking place from time to time, not frequent or regular of, for, or happening on <br /> special occasions. <br />