AGENDA BOARD OF APPEALS COUNTY OF HAWAII 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, August 13, 2021 TIME: 9:00 a.m. PLACE: Board of Appeals Members and Parties to BOA Cases will participate in this meeting via the Zoom interactive video conference platform. The public will be able to view and listen to the meeting at: https://www.youtube.com/channel/UCAFoRMb3rfWL0MPd6TAk EGA?v iew 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: https://records.hawaiicounty.gov/weblink/Browse.aspx?dbid=1&startid=7687 STATEMENTS FROM THE PUBLIC ON ITEMS ON THE AGENDA The public may provide oral testimony at the meeting by joining online or calling into the Zoom meeting. To register for access to the Zoom meeting please contact boardofappeals@hawaiicounty.gov no later than 4:00 p.m. on Wednesday, August 11, 2021. OLD BUSINESS 1. Nortecca Properties, Inc. (BOA-19-000237) Appeal of Decision by Planning Director 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, HI 96740 TMK: (3) 7-7-025:078 NEW BUSINESS 1. Victoria Husen (BOA-18-000201) Appeal of Public Works’ Order Dated September 5, 2018, to Pay a Civil Fine Related to a Notice of Violation Dated November 15, 2017 Location: 65-1239 Laelae Rd., Kamuela, HI 96743 TMK: (3) 6-5-002:057 2. Jennifer Greggor (BOA-19-000228) Appeal of Decision by Planning Director Regarding Denial Issued for Short-Term Vacation Rental Registration (STVR-19-362921) and Nonconforming Use Certificate (NUC-19-1136) Location: 59-393 Iliahi Place, Kamuela, HI 96743 TMK: (3) 5-9-008:033 3. Chris Olcott (BOA-20-000283) Appeal of Decision by the Planning Director Dated October 30, 2020, Regarding Notice of Violation and Order (ZCV 19-098E) Relating to Illegal Operation of a Junkyard, Vehicle Repair Establishment and Structure Located in the Property’s Yard Setback. Location: 13-3453 Pomaikai Street, Pahoa HI, 96778 TMK: (3) 1-3-037:062 4. Ryan Smoot (BOA-21-000301) Petition for a Variance from International Residential Code (IRC), Chapter 3, Section R302.1 Exterior Walls as adopted in County Code 5A-2-1 Location: 44-150 Paauhau Street, Honokaa, HI 96727 TMK: (3) 4-4-017:021 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 July 9, 2021, Board of Appeals meeting. ADMINISTRATIVE MATTERS Status of appeals filed on Board of Appeals decisions – Corporation Counsel Status of Land Use Commission Declaratory Ruling Dockets DR-20-69&70 – Corporation Counsel Status of outstanding petitions Staff ANNOUNCEMENTS ADJOURNMENT SUBMITTING TESTIMONY According to Board of Appeals Rules of Practice and Procedure 1-5 (i) 1-3, 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. Written testimony can be submitted via email or hard copy, but hard copies must include an original and ten copies and be submitted ten days prior to the hearing date. 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://records.hawaiicounty.gov/Weblink/l/doc/34351/Pagel.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/WHT1335072 7/23/21)