PUBLIC HEARING NOTICE COUNTY OF HAWAII BOARD OF APPEALS 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, March 13, 2020 TIME: 10:00 a.m. PLACE: County of Hawaii, Aupuni Center Conference Room 101 Pauahi St., Hilo, HI 96720 STATEMENTS FROM THE PUBLIC ON ITEMS ON THE AGENDA NEW BUSINESS 1. PRESTON D. AND SARAH ELIZABETH SIMS (BOA 19-000207) Contested Case Hearing Appeal of Decision by Planning Director Dated September 10, 2019 Regarding Denial Issued for Short-Term Vacation Rental Registration (STVR-19-353526) and Nonconforming Use Certificate (NUC-19-681) Location: 88-219 Kai Avenue, Captain Cook, HI TMK: (3) 8-8-009:127 2. HU HONUA BIOENERGY, LLC (BOA 19-000227) Appeal of Planning Director’s Decision Regarding an Amendment to SMA Permit 221 and Possibly a Special Permit Location: 28-283 Sugar Mill Rd., Pepeekeo, HI TMK Nos. (3) 2-8-008:104 and (3) 2-8-008:161 a. Board determination regarding whether to accept the November 18, 2019 petition for untimeliness. Relevant Board Rule: Board Rule 8-3 b. Contested Case Hearing (if the Board accepts the petition) 3. ROCKY COVE LLC (BOA 19-000230) Contested Case Hearing Appeal of Decision by Planning Director Dated October 31, 2019 Regarding Denial Issued for Short-Term Vacation Rental Registration (STVR-19-359974) Location: 78-261 Manukai Street 3304, Kailua-Kona, HI 96740 TMK: (3) 7-8-020:028:0146 4. WOOD VALLEY CAPITAL, LLC (BOA 19-000233) Appeal of Decision by Planning Director Dated September 24, 2019, Regarding Denial Issued for Short-Term Vacation Rental Registration (STVR-19-362819) and Nonconforming Use Certificate (NUC-19-1358) Location: 96-2232 South Road, Pahala, HI TMK: (3) 9-6-088:006 a. Board determination regarding whether to accept the November 25, 2019 petition for untimeliness. Relevant ordinance and Board Rules: Hawaii County Code 25-4-16.1(f)(2) and Board Rule 8-3 b. Contested Case Hearing (if the Board accepts the petition) 5. NORTECCA PROPERTIES, INC. (BOA 19-000237) Contested Case Hearing Appeal of Decision by Planning Director Dated November 19, 2019 Regarding Denial Issued for Short-Term Vacation Rental Registration (STVR-19-363238) and Nonconforming Use Certificate (NUC-19-1636) Location: 77-152 Queen Kalama Ave., Kailua-Kona TMK: (3) 7-7-025:078 6. GRETTA SPEIR (BOA 19-000238) Contested Case Hearing Appeal of Decision by Planning Director Dated November 12, 2019, Regarding Denial Issued for Short-Term Vacation Rental Registration (STVR-19-360056) and Nonconforming Use Certificate (NUC-19-1141) Location: 11-3893 6th Street, Volcano, HI TMK (3) 1-1-008:079 7. ROBERT A. BRUCE AND EMMY B. CHEN (BOA 19-000239) Contested Case Hearing Appeal of Decision by Planning Director Dated November 27, 2019 Regarding Denial Issued for Short-Term Vacation Rental Registration and Nonconforming Use Certificate Location: 77-6462 Kilohana Street, Kailua-Kona, HI 96740 TMK: (3) 7-7-012:031 8. ROBERT A. BRUCE (BOA 20-000240) Contested Case Hearing Appeal of Decision by Planning Director Dated November 29, 2019 Regarding Denial Issued for Short-Term Vacation Rental Registration (STVR-19-365238) and Nonconforming Use Certificate (NUC-19-1851) Location: 75-5502 Kona Bay Drive, Kailua-Kona, HI 96740 TMK: (3) 7-5-005:020 9. ROBERT SILBER (BOA 20-000241) Contested Case Hearing Appeal of Planning Director’s Notice of Violation and Order (ZCV-2017-007E) Dated December 5, 2019 Location: 13-2060 Lolia Place, Pahoa, HI TMK: (3) 1-3-002:140 10. GRETCHEN LEHRER (BOA 20-000242) Request: Appeal of Decision by Planning Director Dated November 25, 2019 Regarding Denial Issued for Short-Term Vacation Rental Registration (STVR-19- 361462) and Nonconforming Use Certificate (NUC-19-1648) Location: 76-6316 Kaheiau St., Kailua Kona, HI 96740 TMK (3) 7-6-022:038 a. Board determination regarding whether to accept the January 13, 2020 petition for untimeliness. Relevant ordinance and Board Rules: Hawaii County Code 25-4-16.1(f)(2) and Board Rule 8-3 b. Contested Case Hearing (if the Board accepts the petition) 11. DELLA MORA TRUST (BOA 20-000244) Contested Case Hearing Appeal of Decision by Planning Director Dated October 14, 2019 Regarding Denial Issued for Short-Term Vacation Rental Registration (STVR-19-365054) and Nonconforming Use Certificate (NUC-19-1747) Location: 178 Kahoa Street, Hilo, HI 96720 TMK: (3) 2-6-026:002 EXECUTIVE SESSION With reference to the agenda items listed under Old and/or New Business, 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 February 14, 2020 ADMINISTRATIVE MATTERS Status of appeals filed on Board of Appeals decisions – Corporation Counsel Status of outstanding petitions Staff Meeting Schedules, including Special Meetings pursuant to BOA Rule 1-5(b) ANNOUNCEMENTS ADJOURNMENT Additional information related to the above matters is on file at the Planning Department, Aupuni Center, 101 Pauahi St., Suite 3, Hilo, HI 96720 and/or the Planning Department, West Hawaii Civic Center, 74-5044 Ane Keohokalole Hwy., Kailua-Kona, HI 96740. The Board’s Rules may be viewed online at http://www.hiplanningdept.com/boards-and-committees/. Anyone who requires an auxiliary aid or service, other reasonable modification, or language interpretation to access this meeting, please contact the Planning Department at 961-8288 as soon as possible, but no later than five (5) working days prior to the meeting date, to arrange for accommodations. “Other reasonable modification” refers to communication methods or devices for people with disabilities who are mentally and/or physically challenged. JAMES MCCULLY, CHAIRPERSON BOARD OF APPEALS Hawaii County is an Equal Opportunity Provider and Employer (HTH/WHT1266464 2/21/20)