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. NOTE: Because of the Novel Coronavirus (COVID-19) Emergency and State and Federal guidance on large meetings or gatherings and pursuant to the Mayor’s Proclamations regarding COVID-19, Board of Appeals Meetings will be held online until further notice. Members of the public may watch the Board of Appeals meeting live online. Minutes of the Board of Appeals Meeting will be transcribed and posted on the Planning Department’s website. DATE: Friday, December 11, 2020 TIME: 9:00 a.m. PLACE: Board of Appeals Members and Parties to BOA Cases will participate in this meeting via the WebEx interactive video conference platform. The public will be able to view and listen to the meeting at: https://www.youtube.com/channel/UCAFoRMb3rfWLQMPd6TAkEGA ?view_as=subscriber A full schedule of active Board of Appeals cases can be viewed on the Planning Department’s website. This schedule is updated weekly and will reflect changes made subsequent to the publication of this agenda: http://records.hawaiicounty.gov/Weblink/1/doc/103943/Page1.aspx STATEMENTS FROM THE PUBLIC ON ITEMS ON THE AGENDA Written testimony may be submitted via email at planning@hawaiicounty.gov or in person at the Hilo or Kona Planning Department up to ten days prior to the hearing (See Submitting Testimony below). In addition, the public may provide oral testimony at the meeting by joining online or calling into the WebEx meeting. To register for access to the WebEx meeting please contact Keiko Mercado at Keiko.Mercado@hawaiicounty.gov or 808-961-8134 no later than 4:00 p.m. on Wednesday, December 9, 2020. OLD BUSINESS 1. Lauray Walsh (BOA 20-000245) Adoption of Findings of Fact, Conclusions of Law, Decision and Order for Appeal of Decision by Planning the Director Dated December 20, 2019, Regarding Approval Issued for Short-Term Vacation Rental Registration (STVR- 19-368486) and Nonconforming Use Certificate (NUC-19-1982) Location: 77-6479 Walua Rd., Kailua-Kona, HI 96740 TMK: (3) 7-7-011:023 NEW BUSINESS 1. Jennifer Greggor (BOA 19-000228) Appeal of Decision by the Planning Director Dated October 28, 2019, Regarding Denial of (STVR-19-362921) and Nonconforming Use Certificate (NUC-19-1136) Location: 59-393 Iliahi Pl., Kamuela, HI 96743 TMK: (3) 5-9-008:033 2. Wood Valley Capital, LLC (BOA 19-000233) Appeal of Decision by the Planning Director Dated September 24, 2019, Regarding Denial Issued for Short-Term Vacation Registration (STVR-19- 362819) and Nonconforming Use Certificate (NUC-19-1358) Location: 96-2232 South Rd., Pahala, HI 96777 TMK: (3) 9-6-008:006 a) Board determination regarding whether to accept the November 25, 2019 petition for untimeliness. Relevant ordinance and Board Rules: Hawaii County Code 25-2-58(b) and Board Rule 8-3 b) Contested Case Hearing (if the Board accepts the petition) 3. Robert Silber (BOA 20-000241) Appeal of Decision by the Planning Director Dated December 5, 2019, Regarding Notice of Violation and Order (ZCV-2017-007E) Location: 13-2060 Lolia Pl., Pahoa, HI 96778 TMK: (3) 1-3-002:140 4. Edward J. and Rhondall K. Rapoza (BOA 20-000264) Appeal of Decision by the Planning Director Dated March 23, 2020, Regarding Request for Additional Information on Special Management Area Use Permit Assessment Application (SAA-20-001742) Location: North side of Keauhou Bay, accessed from Kamehameha III Road TMK: (3) 7-8-012:106 5. Roger Lewis Jensen&Elizabeth L. Jensen (BOA 20-000267) Appeal of Decision by the Planning Director Dated April 17, 2020, Regarding Notice of Violation and Order (ZCV 2020-027W) Relating to Operating a Short- Term Vacation Rental without Permits Location: 75-1186 Keopu Mauka Drive, Holualoa, HI 96725 TMK: (3) 7-5-001:097 6. Danny Pryor (BOA 20-000272) Appeal of Decision by the Planning Director Dated July 10, 2020, Regarding Notice of Violation and Order (ZCV-2019-080W&ZCV-2019-085W) Relating to Unpermitted Dwelling without an Additional Farm Dwelling Agreement/Transient Accommodations Location: 73-4704 Kahualani Road, Kailua-Kona, HI 96740 TMK: (3) 7-3-024:048 a) Board determination regarding whether to accept the July 27, 2020 petition for untimeliness. Relevant ordinance and Board Rules: Hawaii County Code 25-2-58(b) and Board Rule 8-3 b) Contested Case Hearing (if the Board accepts the petition) 7. Holiday Geiger (BOA 20-000276) Appeal of Decision by the Planning Director Dated February 24, 2020, Regarding Denial Issued for Short-Term Vacation Rental Registration (STVR-19- 355517) and Nonconforming Use Certificate (NUC-19-801) Location: 78-111 B Holua Road, Kailua-Kona, HI, 96740 TMK: (3) 7-8-012:043 and 7-8-012:063 a) Board determination regarding whether to accept the October 1, 2020 petition for untimeliness. Relevant ordinance and Board Rules: Hawaii County Code 25-2-58(b) and Board Rule 8-3 b) Contested Case Hearing (if the Board accepts the petition) 8. Kenneth Moore (BOA 20-000277) Appeal of Decision by the Planning Director Dated September 15, 2020, Regarding Rejection of Short-Term Vacation Rental Registration (STVR-19- 344761) and Nonconforming Use Certificate (NUC-19-269) Renewal Location: 75-5440 Kona Bay Drive, Kailua-Kona, HI 96740 TMK: (3) 7-5-005:092 9. Kenneth Moore (BOA 20-000278) Appeal of Decision by the Planning Director Dated September 15, 2020, Regarding Rejection of Short-Term Vacation Rental Registration (STVR-19- 344807) and Nonconforming Use Certificate (NUC-19-271) Renewal Location: 77-6516 Alii Drive, Suite 12, Kailua-Kona, HI 96740 TMK: (3) 7-7-010:029:0012 EXECUTIVE SESSION With reference to the agenda items listed under 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 Approval of the Minutes of the November 13, 2020, Board of Appeals meeting. ADMINISTRATIVE MATTERS Status of appeals filed on Board of Appeals decisions – Corporation Counsel Status of outstanding petitions Staff Officer Elections for 2021 ANNOUNCEMENTS ADJOURNMENT SUBMITTING TESTIMONY 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 ttp://records.hawaiicounty.gov/Weblink/1/doc/34351/Page1.aspx. 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/WHT1304198 11/20/20)