Board of Appeals for Department of Planning and Department of Public Works
The seven-member Board of Appeals is nominated by the Mayor Harry Kim ( photo) and confirmed by the Hawai'i County Council after a public hearing. The Board hears appeals on decisions by the Planning Director and Director of Public Works. Standards for review are set forth in the Board of Appeals Rule 8-15a, which states that the Board may affirm or reverse a decision if it finds that: (1) The Director erred, (2) the decision violated the Zoning Code or other applicable law, and (3) the decision was arbitrary or capricious. Rules & Procedures (PDF format)
Date of term expiration in parenthesis. Dr. Evarts Fox , John Langenstein and Gerald Yamada completed their terms with distinction in 2005.
Board of Appeals assigned Staff: Alice Kawaha and Sharon Nomura, Board Staffers and Susan Gagorik and Patricia O'Toole, Staff Lawyers Contact Phone: 961-8288
SCHEDULED PUBLIC HEARINGS: Hilo Meetings are usually held in the County Councilroom, County Building (25 Aupuni St., Hilo). The Kona meetings are held in the Kailua-Kona area, usually in the W. Hawaii Mayor's Office Conference room, Kailua-Kona. Venues, subject to expected audience size, are subject to last minute changes. Phone the Mayor's office for confirmation a few days before the scheduled hearings.
Upcoming Public Hearing: Fri. 10 a.m., March. 9, 2007, Mayor's West Hawai'i Conference Room, 75-5706 Kuakini Hwy., Site 103, Kailua-Kona
INTERVENTION procedure: Intervention to the above may be filed by the following agencies or individuals: (1) Any department or agency of the State or County upon timely application for intervention. (2) Any person who has some property interest in the land, who lawfully resides on the land, or who can demonstrate that person will be so directly and immediately affected by the Board of Appeals' decision that the person's interest in the proceeding is clealry distinguishable from that of the general public. such person(s) shall be admitted as a party upon timely application for intervention. (3) Any other person may be admitted as a party upon timely application when the Board of Appeals finds that there is just cause for such intervention.
Timeliness defined: Petition(s) to intervene with proof of service on all parties shall be filed with the Board of Appeals at least ten days prior to the date of the hearing. Such petition(s) to intervene shall be in conformity with Part 2, Section 2-7 of the Rules of Practice and Procedure, County of Hawaii.
Disabled persons requiring special assistance or person requiring auxiliary aid and/or services to participate in the public hearing should contact the Planning Department at 961-8288 five working days prior to the hearing.
Files related to this hearing are open to the public during office hours in the Planning Dept., Aupuni Center, 101 Pauahi St., Suite 3, Hilo and at the Planning Dept. W. Hawaii Office at 75-5706 Kuakini Hwy., Suite 107, Kailua-Kona.
Disclaimer: While every effort to insure timeliness and accuracy of the above is made, be advised that the information here should not be construed as official, binding or complete. This site is produced on a pro-bono basis by volunteers as a public service because the county does not have funds to do it. The Ministerial Division of the County Planning Department maintains all official hardcopy records of this board. Such records are available for public scrutiny during regular office hours. Updated 03/02/07
