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; and Rules 1-5 and 5 of the Board’s Rules of Practice and Procedure as they relate to the proposed amendments of the Hawaii County Board of Appeals Rules of Practice and Procedure, initiated by the Planning Department, pursuant to Chapter 91, Hawaii Revised Statutes (HRS). 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, July 9, 2021 TIME: 9:15 a.m. or immediately following Public Hearing for Rulemaking at 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/UCAFoRMb3rfWL0MPd6TA kEGA?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/l03943/Page l .aspx 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 Rob Leisure at Robert.Leisure@hawaiicounty.gov or 808-961-4781 no later than 4:00 p.m. on Wednesday, July 7, 2021. NEW BUSINESS 1. Robert Silber (BOA-20-000241) 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 2. 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 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. Lloyd W. and Julie A. Talbert Trust (BOA-20-000290) Appeal of Decision by the Director of Public Works Dated December 3, 2020, Regarding Notice of Violation and Order (CE2020-99K; DPW20-433) Relating to Unpermitted Alteration of a Dwelling. Location: 75-6160 Alii Drive, Kailua-Kona, HI 96740 TMK: (3) 7-5-020:005 5. Planning Department’s Petition for Proposed Changes to BOA Rules of Practice and Procedures (BOA-21-000300) The proposed rulemaking to the Hawaii County Board of Appeals Rules of Practice and Procedure includes various amendments to allow for electronic filing relating to processing of petitions in preparation for the EnerGov permitting software launch. The draft rule amendments can be found at the following link: http://records.hawaiicounty.gov/Weblink/. Then click: Planning Department, Board of Appeals, Pending Petitions, BOA 21-000300. A copy of the proposed rule amendments will be mailed to any interested person who requests a copy, pays the required fees for the copy and the postage, if any. Requests can be made by contacting the Planning Department at 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. 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 June 18, 2021, Board of Appeals meeting. ADMINISTRATIVE MATTERS Status of appeals filed on Board of Appeals decisions – 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/WHT1330288 6/18/21)