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.
DATE: Friday, December 9, 2022
TIME: 9:30 a.m.
LOCATION: West Hawaii Civic Center, Council Chambers, Building A
74-5044 Ane Keohokalole Highway, Kailua-Kona, HI 96740
Board of Appeals board members and applicants may attend via Zoom or in person. The public may provide verbal testimony by joining Zoom or via the physical location listed above. See “Submitting Testimony” below for more information.
The public will be able to view and listen to the live meeting at:
https://www.youtube.com/c/CountyofHawaiiPlanningDepartment/videos.
A full schedule of active Board of Appeals cases can be viewed on the Planning Department’s website. This schedule is updated regularly and will reflect changes made subsequent to the publication of this agenda:
https://records.hawaiicounty.gov/weblink/Browse.aspx?dbid=1&startid=103626 Minutes of the Board of Appeals meeting will be transcribed and posted on the Planning Department’s website.
CALL TO ORDER
STATEMENTS FROM THE PUBLIC ON ITEMS ON THE AGENDA
Pursuant to HRS 92-3 interested persons that want to provide oral testimony may do so either at the time the board takes public statements on the agenda or at the time the specific agenda item is called or as otherwise allowed at the sole discretion of the Chair.
OLD BUSINESS
1. KRYSTAL YAMAMOTO (PL-BOA-2021-000004)
Findings of Fact, Conclusions of Law, and Decision and Order to Deny Appeal of Decision by the Planning Director Dated August 17, 2021, regarding Variance from Chapter 25, Zoning, Article 5, Division 3 Section 25-4-44, Permitted Projections into Yards and Open Space Requirements (VAR-21-000628).
Location: Waiakea Cane Lots, South Hilo, HI 96720
TMK: (3) 2-4-057:017-0000
2. CLAUDIA ROHR (PL-BOA-2022-000025)
Findings of Fact, Conclusions of Law, and Decision and Order to Deny Appeal of Decisions by the Planning Director Dated June 6, 2022, Special Management Area Use Permit Assessment Application (PL-SAA-2022- 000057) and Special Management Area Minor Permit (PL-SMM-2022-000022); and Director’s Decision dated June 17, 2022, Closure of Complaint ZCV-2021-000037E.
Location: 2212 Kalanianaole Avenue, Hilo, HI 96720
TMK(S): (3) 2-1-018:006, 007, & 010
NEW BUSINESS
3. LAWRENCE FORD, ET AL (PL-BOA-2022-000020)
Appeal of Decision by the Planning Director Dated February 15, 2022, Regarding Complaint of Operating a Short-Term Vacation Rental Without Permits in an Agricultural Project District.
Location: 81-905 Makahiki Lane, Captain Cook, HI 96704
TMK: (3) 8-1-009:044-0000
4. WILLIAM ROBERT GAGE & REBECCA S. GAGE (PL-BOA-2022-000021)
Appeal of Decision by the Planning Director Dated February 15, 2022, Regarding Complaint of Operating a Short-Term Vacation Rental Without Permits in an Agricultural Project District.
Location: 81-905 Makahiki Lane, Captain Cook, HI 96704
TMK: (3) 8-1-009:044-0000
EXECUTIVE SESSION
With reference to the agenda items listed, 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- 5e, 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 September 9, 2022, Board of Appeals meeting minutes and executive session minutes, and the November 4, 2022, Board of Appeals special hearing and executive session minutes.
ADMINISTRATIVE MATTERS
Status of appeals filed on Board of Appeals decisions – Corporation Counsel
Status of outstanding petitions – Staff
ANNOUNCEMENTS
ADJOURNMENT
SUBMITTING TESTIMONY: To provide verbal testimony via Zoom, please use the link below to register no later than 4:00 p.m. on Wednesday, December 7, 2022.
https://www.zoomgov.com/meeting/register/vJItdeyvrDkuHUptyTYn-829vZXMZqysBF4 Written testimony may be submitted via email at boardofappeals@hawaiicounty.gov, by mail, or in person. Mail or hand-deliver written testimony to Hilo Planning Department at 101 Pauahi Street, Suite 3, Hilo, Hawaii 96720 up to two business days prior to the hearing by 4:30 p.m.
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.
Board Packet: Pursuant to Hawai’i Revised Statutes Section 92-7.5, the board packet provided to members of this board for this meeting is available for public inspection online at
https://records.hawaiicounty.gov/Weblink/Browse.aspx?dbid=1&startid=109683 or during regular business hours at the Hilo office of the Planning Department, Aupuni Center, 101 Pauahi Street, Suite 3, Hilo, Hawaii and at the Kona office of the Planning Department, West Hawaii Civic Center, 74-5044 Ane Keohokalole Highway, Building E, 2nd Floor, Kailua-Kona, Hawaii.
Notice to Lobbyists: If you are a lobbyist, you must register with the Hawaii County Clerk within five days of becoming a lobbyist. {Article 15, Section 2-91.3(b), Hawaii County Code} A lobbyist means "any individual engaged for pay or other consideration who spends more than five hours in any month or $275 in any six-month period for the purpose of attempting to influence legislative or administrative action by communicating or urging others to communicate with public officials." {Article 15, Section 2-91.3(a)(6), Hawaii County Code} Registration forms and expenditure report documents are available at the Office of the County Clerk, Hawaii County Building, 25 Aupuni Street, Room 1402, Hilo, Hawaii 96720.
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. Requests made later than five (5) working days prior to the meeting date cannot be assured. "Other reasonable modification" refers to communication methods or devices for people with disabilities who are mentally and/or physically challenged.
BOARD OF APPEALS