Decision deferred on TVR

LIHU‘E — How many times can a transient-vacation-rental owner anger the county Planning Commission before being granted a non-conforming use permit?

The commission on July 13 deferred a decision to grant a permit to a TVR in Ha‘ena because the owner’s representative had stood up a Planning Department inspector. Fed-up commissioners deferred the decision for a month, even though the inspector had re-scheduled a visit and reported the TVR met all requirements.

With the issue back on Tuesday’s agenda, commissioners expected — as they had set as a requirement for permit approval — that a representative for James Christiansen would be present to answer questions. But after an at times heated meeting at the Mo‘ikeha Building, the decision was ultimately deferred again when the commission deadlocked in a 3-3 vote.

Former county engineer Jerry Kaluna, representing Christiansen, said the unit has been rented as a TVR since 1996.

Commissioner Jan Kimura asked if someone had recently rented the property, or if there was someone renting it now. Kaluna stumbled in his response.

“Now, if they have someone, yes,” he said. “I don’t know for sure if they have been doing it, but I guess they would continue it, because there’s no change.”

Kimura pressed Kaluna to answer if, being the representative, he would know if someone was renting it. But Kaluna said some lady named Jane would be the person to answer that because she takes care of the maintenance. All he does is take care of the permits, he said.

Deputy Planning Director Imai Aiu said the unit has been issued a cease and desist order, so it shouldn’t be operating as a TVR.

“Right now we have to go out and enforce,” Aiu said after being asked what the county is going to do after hearing that the unit may have been operating despite the order.

“This puts the commission in a hard, hard position,” Chair Caven Raco said. “Shall we defer again?”

County Attorney Ian Jung said the applicant met all the criteria and should be approved.

“Try to set aside your passions and prejudices against TVRs and follow the law,” said Jung, advising the commission to approve the permit.

“If he’s breaking the law now, do you still want us to give him the certificate and say go ahead?” Kimura asked Jung.

At that point, Kaluna interrupted the discussion, yelling that Kimura was making an accusation, prompting Raco to slam the gavel on the table several times asking for order. Kaluna later apologized.

With the meeting back in order, Jung said the question raised by Kimura was an issue of enforcement and liability to the county, and suggested an executive session if he wanted to discuss it.

Planning Director Ian Costa said he doesn’t believe there is evidence the TVR has been operating in the period that the application has been processed.

On July 15, however, there was a rental car parked in front of Christiansen’s property.

The ordinance dealing with TVRs requests that a contact person be on call 24 hours a day. Aiu told commissioners the contact person is Robin Simpson.

Raco said he couldn’t give approval if the owner is operating illegally.

“I’m sorta wanting to defer this item and get more information if they’re operating,” he said.

Aiu strongly advised against a new deferral with the purpose of pursuing enforcement because such action is not in the capacity of the commissioners.

“Isn’t it why we are in the situation we are right now with TVRs, because of lack of enforcement?” Kimura asked Aiu.

“Partially,” Aiu said.

Commissioner James Nishida made a motion to approve the permit, which was seconded by Commissioner Paula Morikami.

Commissioner Hartwell Blake said the TVR is a business, and the applicant should come before the commissioners and convince them why it should be allowed to operate in a residential area.

Blake said the simplest thing for the applicant was to have someone available around the clock.

“So far it’s been months since we’ve known that anybody has been there,” he said.

Costa said as far as the department knows, the owner has ceased to operate the unit as a TVR.

“This lady is no longer employed because there’s nothing to manage,” Costa said of the woman who is listed as the maintenance contact.

The vote stalled at a tie, so the decision was pushed back for at least another two weeks. The issue will likely resurface on the commission’s Aug. 24 agenda.

∫ Léo Azambuja, staff writer, can be reached at 245-3681 (ext. 252) or lazambuja@kauaipubco.com.