West Hawaii Today
Notice #: 0001341368-01
Public Notices

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, October 8, 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/UCAFoRMb3rfWL0MPd6T AkEGA?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: https://records.hawaiicounty.gov/weblink/Browse.aspx?dbid=1&startid=109493 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, October 6, 2021. OLD BUSINESS 1. Nortecca Properties, Inc. (BOA-19-000237) Adoption of Findings of Facts, Conclusions of Law, Decision and Order. 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 2. Robert Siber (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 3. AOPOOKOV, INC (BOA-21-000296) Appeal of Decision by the Planning Director Dated January 19, 2021, Regarding Approval of Variance (VAR- 20- 000603) from Article 3, Division 4, Street Design, Section 23- 41, Minimum Right- of-Way and Pavement Widths; Article 6, Division 2, Improvements Required, Sections 23- 86, Requirements for Dedicable Street. Related to SUB-17-001699. Location: No phyiscal address assigned. TMK: (3) 7-2-006:004 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 5. Douglas Dierenfield (BOA-21-000303) Appeal of Decision by the Director of Public Works Dated June 8, 2021, Regarding Revocation of Building Permit (BK2020-00957) Location: Kaiolu Drive, North Kona TMK: (3) 7-5-020:017 6. Heather Momi Huitt (PL-BOA-2021-000002) Appeal of Decision by the Planning Director Dated July 2, 2021, Regarding Notice of Violation and Order (ZCV 2021-020W, SMA 2021-020W) Relating to Intrusion into the Minimum Front Yard Setback Location: 78-6695 Alii Drive, Kailua-Kona, HI 96740 TMK: (3) 7-8-014:029 7. Guy Bonner (BOA-21-000302) Appeal of Decision by the Planning Director Dated June 2, 2021, Regarding Denial Issued for Short-Term Vacation Rental Registration (STVR-19-363731) and Nonconforming Use Certificate (NUCR-20-1437) Location: 87-3238 Mamalahoa Hwy., Captain Cook, HI 96704 TMK: (3) 8-7-008:024 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- 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 September 10, 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 to boardofappeals@hawaiicounty.gov ten (10) 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. 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, Hawai’i County Building, 25 Aupuni Street, Room 1402, Hilo, Hawaii 96720. JAMES MCCULLY, CHAIRPERSON BOARD OF APPEALS Hawaii County is an Equal Opportunity Provider and Employer (HTH/WHT1341368 9/17/21)