Friday, May 29, 2009

Maui Planning Commission Approves First B&B Permit Under New Law

The Honolulu Advertiser reported that the Maui Planning Commission has approved the first application under its new bed-and-breakfast ("B&B") ordinance that allows B&B home businesses within the county's agricultural zoning district.

The Planning Commission approved the special use permit at its May 26, 2009 meeting. The item was listed on the Commission's Agenda as follows:
JOHN G. CAMOU and SANDY BECK CAMOU requesting a State Land Use Commission Special Use Permit in order to operate a Bed and Breakfast operation on 1.2 acres of land in the State Agricultural District at 555 Haiku Road TMK: 2-7-008: 041, Haiku, Island of Maui. (SUP2 2008/0005) (J. Prutch)
Even with the new local B&B law, a state special use permit is required because a B&B is not an allowed use within the state agricultural district pursuant to HRS Chapter 205. Consequently, HRS § 205-6 provides that the Commission may allow uses within the state agricultural district other than those for which the district is classified if it finds that the proposed use is "unusual and reasonable" and that it is consistent with other local rules the county may adopt.  In addition, the statute requires the Commission to counsult with the state land use commission, the state office of planning, and the state department of agriculture. Because the property is under 15 acres, the Commission has final approval; otherwise, the state land use commission has final approval.

For more on B&Bs see Bed and Breakfasts and Transient Vacation Rentals/Units.

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