PUBLIC HEARING NOTICE BOARD OF APPEALS COUNTY OF HAWAII NOTICE IS HEREBY GIVEN of hearings to be held by the Board of Appeals of the County of Hawai’i 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, April 9, 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/UCAFoRMb3rfWLQMPd6 TAkEGA?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/103943/Page1.aspx STATEMENTS FROM THE PUBLIC ON ITEMS ON THE AGENDA Written testimony may be submitted via email at planning@hawaiicounty.gov or in person at the Hilo or Kona Planning Department up to ten days prior to the hearing (See Submitting Testimony below). In addition, 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 Keiko Mercado at Keiko.Mercado@hawaiicounty.gov or 808-961-8134 no later than 4:00 p.m. on Wednesday, April 7, 2021. OLD BUSINESS 1. James Sturz (BOA 20-000256) Adoption of Findings of Fact, Conclusions of Law, Decision and Order for Appeal of Decision by Planning Director Dated December 20, 2019,(STVR-19- 361627) and Nonconforming Use Certificate (NUC-19-1462 Regarding Denial Issued for Short-Term Vacation Rental Registration (STVR-19-361627) and Nonconforming Use Certificate (NUC-19-1462) Location: 53-3947 Pratt Rd., Kapaau, HI 96755 TMK: (3) 5-3-006:030 NEW BUSINESS 1. Nortecca Properties (BOA 19-000237) Appeal of Decision by the Planning Director Dated November 19, 2019 Regarding Denial of (STVR-19-363238) and Nonconforming Use Certificate (NUC-19-1636) Location: 77-152 Queen Kalama Ave., Kailua-Kona, HI 96720 TMK: (3) 7-7-025:078 2. Holiday Geiger (BOA 20-000276) Appeal of Decision by the Planning Director Dated February 24, 2020, Regarding Denial Issued for Short-Term Vacation Rental Registration (STVR-19- 355517) and Nonconforming Use Certificate (NUC-19-801) Location: 78-111 B Holua Road, Kailua-Kona, HI, 96740 TMK: (3) 7-8-012:043 and 7-8-012:063 a) Board determination regarding whether to accept the October 1, 2020 petition for untimeliness. Relevant ordinance and Board Rules: Hawaii County Code 25-4-16.1(f)(2) and Board Rule 8-3 b) Contested Case Hearing (if the Board accepts the petition) 3. Matthias Kusch (BOA 20-000284) Appeal of Decision by the Planning Director Dated October 28, 2020, Regarding Denial Issued for Short-Term Vacation Rental Registration (STVR-19- 350749) and Nonconforming Use Certificate (NUC-19-535) Location: 73-4663 Old Government Mauka Road, Kailua-Kona, HI, 96740 TMK: (3) 7-3-024:017 a) Board determination regarding whether to accept the December 2, 2020, petition for untimeliness. Relevant ordinance and Board Rules: Hawaii County Code 25-4-16.1(f)(2) and Board Rule 8-3 b) Contested Case Hearing (if the Board accepts the petition) 4. Sharon Watt Ney (BOA 21-000295) Appeal of Decision by the Planning Director Dated August 3, 2020, Regarding Notice of Violation and Order (ZCV-2020-033W) Relating to Unpermitted Short- Term Vacation Rental Use Location: 78-6845 Keaupuni St., Kailua-Kona, HI, 96740 TMK: (3) 7-8-021:022 a) Board determination regarding whether to accept the January 25, 2021, petition for untimeliness. Relevant ordinance and Board Rules: Hawaii County Code 25-2-35(f) and Board Rule 8-3 b) Contested Case Hearing (if the Board accepts the petition) 5. Discussion and Potential Motion Related to Rulemaking Procedures in Accordance with Rule 5 of the Board of Appeals’ Rules of Practice and Procedure 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 March 12, 2021, Board of Appeals meeting. ADMINISTRATIVE MATTERS Status of appeals filed on Board of Appeals decisions – Corporation Counsel Status of outstanding petitions Staff ANNOUNCEMENTS Welcome incoming Board of Appeals member Mattson Davis. 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/1/doc/34351/Page1.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/WHT1319114 3/19/21)