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, April 14, 2023
TIME: 9:30 a.m.
LOCATION: West Hawai’i 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. LAWRENCE FORD, ET AL (PL-BOA-2022-000020)
Order Granting Summary Judgement Related to 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
2. WILLIAM ROBERT GAGE & REBECCA S. GAGE (PL-BOA-2022-000021)
Order Granting Summary Judgement Related to Deny 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
NEW BUSINESS
3. JUSTIN J. AND JILL K. CLEVELAND (PL-BOA-2022-000028)
Appeal of Decision by the Planning Director Dated June 15, 2022, Regarding Notice of Violation and Order (PCV-2022-00139) Relating to Unpermitted STVR Use
Location: 75-522 Nani Kailua Dr, Kailua-Kona, HI 96740
TMK: (3) 7-5-012:120-0000
4. 88-128 KAI LLC (PL-BOA-2022-000048)
Appeal of Decision by the Director of Public Works Dated October 6, 2022, Regarding Revocation of Building Permit (BK2020-00049).
Location: 88-129 Kai Avenue, Captain Cook, HI 96704
TMK: (3) 8-8-005:101-0000
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), Hawai’i 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, Hawai’i 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 January 13, 2023, Board of Appeals meeting minutes and executive session minutes.
ADMINISTRATIVE MATTERS
Election of Officers for 2023.
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, April 12, 2023.
https://www.zoomgov.com/meeting/register/vJItc-CspjkvHQ2WKJjPLthKJnStNDSNHsE 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, Hawai’i 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, Hawai’i and at the Kona office of the Planning Department, West Hawai’i Civic Center, 74-5044 Ane Keohokalole Highway, Building E, 2nd Floor, Kailua-Kona, Hawai’i.
Notice to Lobbyists: If you are a lobbyist, you must register with the Hawai’i County Clerk within five days of becoming a lobbyist. {Article 15, Section 2-91.3(b), Hawai’i 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), Hawai’i County Code} Registration forms and expenditure report documents are available at the Office of the County Clerk, Hawai’i County Building, 25 Aupuni Street, Room 1402, Hilo, Hawai’i 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