HomeMy WebLinkAbout2nd Addition PDF FINAL Exhibit A
Exhibit B
Exhibit C
Exhibit D
Exhibit E
Exhibit F
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County of Kauai Planning Commission
4444 Rice Street, Suite A473,
Lihue, Hawaii, 96766
planningdepartment@kauai.gov
December 7, 2020
Testimony Regarding Agenda Item I. Remand from the Circuit Court of the Fifth Circuit
regarding Laura Bancroft Living Trust, et al. vs. Planning Commission of the County of Kauai.et
al., Civil No.17-1-0029 JKW and receipt of the Fifth Circuit’s Final Judgement and Findings of
Fact, Conclusions of Law, and Decision and Order directing the Planning Commission to direct
the Planning Department to process the Bancroft’s Application or a non-conforming use
certificate pursuant to the Decision and Order.
Aloha Planning Commission Chair Glenda Nogami-Streufert, Donna Apisa, Vice Chair and
Commissioners and Planning Director Kaaina Hull,
1. Contradictions in the testimony: On remand to the Planning Director, please consider the
testimony in Civil No.17-1-0029 JKW before the Honorable Judge Watanabe by the
Bancroft’s which is in direct conflict with the County of Kauai Real Property Division
records. A copy of the Bancroft’s records was obtained under a Request to Access a
Government Record filed on September 10, 2020 which show the Bancroft’s claimed a
Home Exemption and the Homestead Overclass from 2005-2012. Exhibit A, County of
Kauai Finance Department Real Property Division records for TMK 5-8-011:010. These
records are new contradictory evidence that show the property was used as a primary
residence.
David and Laura Bancroft returned a signed survey 5/3/2012 from the County RP Division
indicating that the actual use of the house is a “primary residency with additional short term
rental use.” Exhibit B, County of Kauai Finance Department Real Property Division Survey for
TMK 5-8-011:010.
In 2013, 2014 and 2015 the Bancroft’s still benefitted from the Home Exemption. Only
after 2016 did the Bancroft’s pay vacation rental rates and not claim the Home Exemption.
The Real Property records conflict with the statements made by the Bancroft’s. Here are
the contradictory Findings of Facts the Bancroft’s have testified to in Civil No.17-1-0029
JKW (Agency Appeal.) and the Tax Status Timeline.
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In consideration of following the directives of Judge Watanabe’s Decision and Order, the
following information may be helpful. Process does not mean grant, the Decision specified:
TVR Ordinance No. 864 was approved March 7, 2008, the effective date to obtain a non-
conforming use certificate was March 30, 2009.
TVR Ordinance No. 876 amended Ord. No. 864 January 24, 2009 (before any NCU approvals
were given by the Planning Department.) This application is being “processed” under the
provisions of Ord. 876.
See Exhibit C, Ordinance No. 876 the pertinent provisions include:
Before the Planning Director considers approval of the Bancroft application, at the minimum
Ordinance 876 requires:
1. The Applicant must provide a sworn affidavit.
2. No non-conforming use certificate shall be issued without a physical inspection.
3. The Planning Director shall make available to the public at the Planning Department
counter and on the County of Kaua'i website the completed application.
4. That non-conforming use certificates be given only to Single Family Transient Vacation
Rentals, Multi Family Transient Vacation Rentals were not permitted and thus were not
given non-conforming use certificates.
5. Providing false or misleading information on the application or in any information
relating thereto at any time during the application process shall be grounds for revocation
or cease and desist orders.
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Additionally,
Special Management Area (SMA) This development is in the SMA and should be
required to apply for an SMA permit. The Application must properly evaluate the impacts
consistent with the Special Management Area Rules and Regulations as this development
increases the intensity of use resulting in cumulative impacts within the SMA area. An
increase in the intensity of use in Wainiha impacts the safety of residents and visitors within
the tsunami evacuation zone. Additionally, the change in the density and intensity of use
of land results in cumulative impacts of which there is a significant environmental and
ecological effect on the Special Management.
Multi Family Vacation Rental: The Bancroft’s should not be given a Non-conforming use
certificate as the Bancroft’s have been advertising and operating as a Multi Family
Vacation Rental which never was a legal use under the CZO. Blaine Kobayashi’s opinion
only applied to single family vacation rentals. See Exhibit E, Deputy County Attorney
Blaine Kobayashi Opinion.
The property is not a Single-Family Vacation Rental, as it is routinely advertised and rented to
groups of 14 and16. A collection of advertisements is attached as Exhibit F. Advertisements
including those on Airbnb advertising the units to accommodate 16, 14,10 and 4 people on
10/18/17,11/2/17,11/25/17 and 9/23/ 2020. The comments in the advertisements show the units
to be rented independent of one another and are worth reading. The Bancroft’s routinely
advertise 6- 7 different advertisements at the same time on Airbnb with multiple configurations
of the units. This is a Multi-Family Transient Vacation Rental and should not be approved.
Caren Diamond
P.O. Box 536
Hanalei, HI. 96714
Kaimanacd22@yahoo.com
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Area. Screenshots of advertisements advertising sleeps 16, 14 and 4:
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