Vacation Rental Betrayal

SOURCE: Ken Taylor (
SUBHEAD: If you are concerned with uncontrolled vacation rentals you should attend this council meeting.

By Glen Mickens on 29 July 2011 to Kauai County Council -  
 [Source note: Please be at the Public Hearing on Wednesday Aug 3rd at 1:30 PM at the Kauai Council Chambers in Nawiliwili. The hearing is being held to discuss Bill 2410 and, as Walter Lewis points out, in its present form, it is clearly a violation of the terms of the Charter Amendment passed in 2008 by a nearly 2 to 1 vote of the people. We already have nearly 10,000 transient accommodations – hotels, time shares and transient vacation rentals – on our island. The Bill would improperly allow thousands more. Any testimony you can give to express your concern about this potential proliferation would be welcome. Or just come and lend your silent support.]

Image above: A Kekaha plantation cottage ($150 a night) TVR that might otherwise be a local family home. From (  

 (via email to Source) I have been given a copy of the testimony that Walter Lewis emailed to your committee for this hearing and I approve and support the comments and suggestions he made. Walter’s conclusion that the Bill in its present form violates the terms of the Charter amendment should be clear to all.

The accomplishment of the return of authority to process transient accommodation approvals to the Planning Commission as provided in the charter amendment would be simple except for the complications arising from the actions by the Planning Commission in conferring preliminary approvals for projects of owners who contemplated building transient accommodations.

Disregarding the restraints of the General Plan the Commission bestowed its “blessings” at a rate vastly greater than the guidelines of the Plan. In all it seems that there may be as many as 4000 accommodation units involved. The owners of these properties are not culpable, they did nothing wrong, but their position is tainted by the excesses of the Planning Commission.

Walter’s suggestion for dealing with this difficult situation merits close consideration. Walter’s solution is reasonable and fair. First, have a registration of such owners and find out how many units are involved. Then give the qualifying owners a priority over others to build after meeting usual requirements.

To allow the Planning Commission to give order to the priority require the owners to commit when the units in the project are to be built. This will allow owners who want to proceed earlier to go ahead of owners who want deferral of their time to build. It should be possible to process all such owners within a reasonable time.

Finally, if any owner would be aggrieved by a decision of the Planning Commission give such owner or owners the right to appeal to the council to adjudicate the position. This arrangement solves a difficult problem and allows both the purposes of the charter amendment to be carried out and gives any owner who believes his legal rights have not been honored a fair audience.

See also:
Ea O Ka Aina: Kauai TVR Whine-A-Thon 7/23/10
Ea O Ka Aina: Musing on TVR Hatred 8/24/09
Island Breath: Illegal Transient Vacation Rentals 6/7/07
Island Breath: Planning Director Gone Berserk? 6/30/06
Island Breath: Vacation Rentals Targeted 9/8/04


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