Ruling on TVR case favors county

LIHUE — On Thursday, a hearings officer appointed by the Kauai Planning Commission issued a recommended ruling in favor of the Planning Department’s decision to revoke a Transient Vacation Rental (TVR) permit for a Seacliff Plantation condominium in Kilauea.

In December 2011, the Kauai County Planning Department revoked the property’s Provisional Nonconforming Use Certificate due to a lack of proper permits to convert a guest house to a single-family dwelling unit, as required by County Ordinance (Ord. 904).

The property owners requested a review of the revocation at a Planning Commission Hearing that occurred on Nov. 24.

Based on the facts of the case, the hearings officer concluded the property’s guest house was an illegal single-family TVR and found in favor of the Planning Department’s action to shut down the TVR. Further, the officer recommended to the Planning Commission that the property owner pay a fine of $25,000.

The Kauai Planning Commission will take action on the hearings officer’s proposed ruling at an upcoming meeting.

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