Meeting Time: October 23, 2024 at 9:00am HST
The online Comment window has expired

Agenda Item

HLU-34 BILL 105 (2024), AMENDING SECTION 19.500.110, MAUI COUNTY CODE, REGARDING NONCONFORMITIES (HLU-34)

  • Default_avatar
    Deleted User about 1 month ago

    Aloha Chair and Members of the Housing and Land Use Council,
    My name is Renee P Kaiama, a Maui born and raised resident and realtor with over 30 years of experience in real estate and mortgage financing. I appreciate the opportunity to submit testimony in strong opposition to the proposed amendments to Section 19.500.110, which address nonconforming uses and structures, particularly those impacted by disaster proclamations.
    One of the primary contributors to Maui's housing crisis is the widespread nonconforming use of residential homes for purposes like short-term vacation rentals (STVRs). This legislation, while seemingly geared toward disaster recovery, could inadvertently open the door for the legalization and continuation of nonconforming uses that have historically reduced the supply of long-term, affordable housing for residents. By allowing the repair or reconstruction of nonconforming structures without stricter
    Nonconforming homes, originally intended as residential dwellings, are increasingly being used for commercial purposes, such as vacation rentals. These units are removed from the long-term rental market, further diminishing the availability of housing for local families. As the demand for vacation rentals grows, this shift not only reduces housing options but also drives up rental prices across Maui. This amendment would allow for the restoration of nonconforming structures to their previous uses, perpetuating the cycle of displacement and unaffordability.
    The legal recognition and potential expansion of nonconforming uses, especially in areas affected by disasters, will drive up property values, making it even harder for local residents to afford homes. Investors looking to profit from short-term rentals are drawn to nonconforming properties, pricing out local families and gentrifying communities. This legislation does not adequately address these concerns and may, in fact, incentivize further speculative real estate investment that will worsen the affordability crisis.
    Nonconforming structures, particularly those repurposed for commercial use, place an additional burden on our island’s infrastructure. The strain on water, sewage, and roads is already palpable in many parts of Maui, and allowing nonconforming properties to be rebuilt without ensuring that they comply with modern zoning and environmental standards exacerbates this issue. This amendment does not do enough to address the long-term environmental and infrastructure impacts of these properties.
    While the proposed changes include some review by county officials, they are insufficient to ensure compliance with the broader goals of affordable housing preservation and responsible land use. Nonconforming uses, by definition, exist outside the intended zoning regulations, and continued permissiveness in this area weakens the county’s ability to enforce critical housing and zoning laws. The amendments proposed in this bill could undermine efforts to ensure fair housing access for local residents, and I urge the Council to consider stronger measures to curb the misuse of nonconforming properties.
    In conclusion, while I understand the need for flexibility in rebuilding after disasters, I strongly oppose this amendment as it stands. The perpetuation and expansion of nonconforming uses will only deepen Maui’s housing crisis by encouraging further displacement, gentrification, and the reduction of housing stock available for local residents. We must prioritize housing for our community, not for profit-driven entities, and I urge you to reject this proposed legislation and instead focus on solutions that create long-term, sustainable housing for Maui’s people.

    Mahalo for your time and consideration.

    Respectfully,
    Renee P Kaiama

  • Default_avatar
    Alison Pearce about 1 month ago

    Property owner support for bill 105

    Attachments: LRTestimony.pdf
  • Default_avatar
    Guest User about 1 month ago

    Aloha,
    BILL 105 (2024), AMENDING SECTION 19.500.110, MAUI COUNTY CODE, REGARDING NONCONFORMITIES (HLU-34).

    I am opposed to Tamara Paltin's proposed amendment to exclude Transient Vacation Rentals from the list of uses that are allowed to continue to operate as nonconforming uses after being discontinued.
    Mahalo,
    Terri Abay-Abay
    terriabay1@gmail.com

  • Default_avatar
    Guest User about 1 month ago

    Aloha, Chair and Committee Members, I am not against this bill, but I oppose Councilwoman's amendment, which would exclude west side STR's from the same benefits that would be given to all other property owners affected by the fire. It is unfair to treat property owners differently, and STR use is residential use, according to the State Supreme Court. The amendment is devious, in that it would deny property rights to a select group that Paltin personally opposes. I ask you to set aside the controversial issue of STRs and not allow it to cloud this very excellent bill.

  • Default_avatar
    Guest User about 1 month ago

    Aloha. Respectfully, I am requesting you oppose this motion. It is an overreach of government to use any natural or man-made event as the basis to disallow any particular use of a property. Secondly, if a property is damaged or destroyed and the owner wishes to rebuild, the insurance companies will not cover the rebuilding costs if the purpose the owner has insured the property cannot or will not be resumed. Therefore, with this proposal, the government is destroying all value and preventing reconstruction.

  • Default_avatar
    Brian Paris about 1 month ago

    Mahalo for taking on this important amendment to BILL 105 (2024), AMENDING SECTION 19.500.110, MAUI COUNTY CODE, REGARDING NONCONFORMITIES (HLU-34).

    I am opposed to Tamara Paltin's proposed amendment to exclude Transient Vacation Rentals from the uses that are allowed to continue to operate as a nonconforming use after being discontinued.

    Mahalo,
    Brian Paris
    Lahaina Resident

  • Default_avatar
    Guest User about 1 month ago

    Please do not vote for Tamar Paltin's proposed amendment to not allow Lahaina properties destroyed in the fire be used as short term rentals. I oppose Tamara Paltin's proposed amendment to BILL 105 (2024) Amending section 19.500.110. Maui County Code, regarding Nonconformities (HLU-34)

  • Default_avatar
    Guest User about 1 month ago

    Please do not vote for Tamar Paltin's proposed amendment to not allow Lahaina properties destroyed in the fire be used as short term rentals. I oppose Tamara Paltin's proposed amendment to BILL 105 (2024) Amending section 19.500.110. Maui County Code, regarding Nonconformities (HLU-34)

  • Default_avatar
    Guest User about 1 month ago

    Aloha. Respectfully, I am requesting you oppose this motion. First of all, it is an overreach of government to use any natural or man-made event as the basis to disallow any particular use of a property. Secondly, if a property is damaged or destroyed and the owner wishes to rebuild, the insurance companies will not cover the rebuilding costs if the purpose the owner has insured the property cannot or will not be resumed. Therefore, with this proposal, the government is destroying all value and preventing reconstruction.

    Thank you for your consideration

    Neal Halstead

  • Default_avatar
    Guest User about 1 month ago

    Aloha, o Derek ko'u inoa a e noho ana i Kahana me ko'u ohana. My grandparents and great grandparents were sakadas back then so we have lived in this mokupuni for generations.
    I am writing in full opposition to this amendment to revise legal STR status in the burned zone to discontinue. This is an absolute, horrid overreach. It's bad enough that people have lost their homes and livelihood, and this amendment is proposed to disallow what these units were intended to. He kuhi hewa kela paku'i a e kapae i na pono "sivila" o na po'e !! Mahalo piha.

  • Default_avatar
    Guest User about 1 month ago

    Mahalo for taking on this important amendment to BILL 105 (2024), AMENDING SECTION 19.500.110, MAUI COUNTY CODE, REGARDING NONCONFORMITIES (HLU-34).

    I am opposed to Tamara Paltin's proposed amendment to exclude Transient Vacation Rentals from the uses that are allowed to continue to operate as a nonconforming use after being discontinued.

    mahalo for the opportunity to testify

    Cara Birkholz
    Kihei resident

  • Default_avatar
    Edward Codelia about 1 month ago

    My name is Edward Codelia, and as a long-time resident and realtor on Maui, I have witnessed firsthand the challenges our community faces regarding housing and safety. I submit the attached file as written testimony in opposition of the proposed amendment regarding non conforming use along with potential changes that could be made to this legislation to protect the residents of this island when it comes to non-conforming housing.

    Attachments: non-conforming.pdf