Monday, October 28, 2013

Musings: Overwhelmed

Lumpy, bumpy towers of cumulus, faces and figures lined up Mt. Rushmore-like, reaching toward stars, a waning moon,  cloud sculptures that flush first orange, then fade to gray, then flame purple-pink as an explosion of scarlet sun overwhelms the east and touches the fluff floating atop Waialeale, turning it soft lavender.

Transient vacation rentals (TVRs) have overwhelmed the communities from Hanalei and Haena, according to a power point presentation that Protect Our Neighborhood Ohana (PONO) made to the Kauai County Council last week.

Some 55.1 percent of all TVRs approved through the county's nonconforming use certificates are located between Hanalei and Haena. That figure does not include all the illegal TVRs that further swell the numbers.
Or to put it another way, the smallest geographic area on Kauai has the largest percent of TVRs.
This photo vividly shows the concentration of TVRs on just one block in Wainiha, near the YMCA Camp, where 20 properties were investigated in the Abuse Chronicles series.

Some 65.2 percent of the North Shore TVRs are located in the Special Management Area. Yet none were required to obtain an SMA permit, which is intended to assess the cumulative impact of development on environmentally sensitive areas. 

And make no mistake, these TVRs do have substantial impacts on infrastructure and resources. Using census data and TVR ads, PONO found that TVRs in the Wainiha-Haena area accommodate an average of 6.8 occupants per unit, compared to just 2.7 persons in a longterm residential unit. Some of these mini hotels house 12 to 14 guests, many of whom are sleeping in ground floor units in the tsunami and flood zone.
And just look at how many of the TVRs are operating with only cesspools in that same neighborhood! Surely all that untreated sewage must be having an adverse affect on the nearshore waters there.

The graphic also shows that nearly all of the TVRs in this neighborhood failed to prove they were eligible for the valuable life-of-the-property certificates, but they received them, anyway.  Again, this does not even include the numerous illegal vacation rentals in the area.

This profuse proliferation of TVRs undermines the goals of the North Shore Planning Area, which call for preserving the area's natural beauty and special rural charm. It also violates the county General Plan, which states: permitting processes should consider the cumulative impacts that a large concentration of alternative visitor units can have on a residential neighborhood.

Though the Abuse Chronicles brought the problems to light, they shouldn't have come as any surprise to the county. Back in 2005, when the county was running its “TVR stakeholders” process and the Council was working on an ordinance, the planning department hired a consultant to conduct a TVR study. 

That consultant made the following findings for the Wainiha to Haena area eight years ago:

Neighborhood impacts are significant; the community character has been altered; houses have been illegally converted to multi-family dwellings, and TVRs have disproportionately impacted the North Shore. 

The consultant's recommendation?

Channel TVRs to areas set aside for resort uses.

Instead, the county actually cemented the intensive impacts into place through a flawed ordinance and its horribly botched implementation. In the process, residential neighborhoods were turned into defacto resorts.

The question now is, how can we reclaim the far North Shore from the county's serious screw up? Is the community, the special area that was supposed to be preserved, lost forever? Will the Council, Administration and planning department actually address this issue? Or must we wait until a tsunami sorts things out?

28 comments:

  1. Thank Joan for this information. Nothing like a graphic to make it very clear. These illegal TVR's piss me off.

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  2. with no thought to evacuation for that tsunami either. planning for disaster by not planning for disaster. a train wreck in the making that shows the failures of the administration. what a mess

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  3. When you testify at the Council, the viewers can see the trepidation felt by the members. Pen over sword.

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  4. All the people have to do is an open petition for the State of Hawaii AG's office to investigate the county and planning department for malfeasance.


    If nothing is done then go to the federal government. Slowly the Feds are punishing the big banks for their role in the housing malfeasance that crippled America.

    It just takes a little time for them to put all of the criminals elements together.

    You will see results.

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  5. Man alive, if you think that the TVR problem is criminal, you need to have a little reality check. There may have been some laxity and mistakes, but outside of the cesspools (perhaps being over used), a few car doors slamming and a few people on the beach, the TVR situation is a dinky little thing. Get perspective. If the Planning Dept. cited every violation on Kauai 20 to 30 percent of the structures or uses would be illegal.This is emotional for some, but even if the TVRs were abolished, the rents would still be super high. It is not only the character of Wainiha that is effected it is the entire island. Change came about 20 years ago or so.

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    1. Son, Your naïveté and ignorance to beer gate and the Costa/Aiu TVR crime spree is no excuse for the people of Kauai who have been following the TVR mess for 20-30 years.

      Cheap laborers are popping up like under ground tunnels.


      TVR industry is the new cheap labor (Slave industry) on Kauai and you all thought that the plantations left Hawaii.

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  6. On Kauai it's easier to get a TVR license than a drivers license. TVR's don't need any or all documents to be licensed and certified. TVR owners can file false claims and get away with tax evasion.

    What are the reasons for not even needing any or all proper documents?


    Does anyone know any other LEGAL business in the state of Hawaii that operates in these matters?

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  7. Oh My- Now the NS crystal gazers are in a real dilemma, clear speaking Council person Mel, the diablo puerco of the anti-GMO crowd is the strongest sabre in the County to slay the TVR beast. This might be a conundrum.

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  8. Is a TVR legal if the property is listed on the county tax records as "Vacation Rental"....or is there some other designation? Are TVR legal outside of the designated vacation rental areas?

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  9. TVRs are legal outside of the visitor destination areas (VDAs) only if they have a valid nonconforming use certificate. Being listed as a vacation rental on real property tax records is not in itself sufficient to make a TVR "legal."

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  10. I always do better with pictures. Those are very effective visual aids. The Abuse Chronicles have been excellent.

    The visuals are the exclamation point.

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  11. Joan, speaking of cesspools in Wainiha, don't forget to call for the County to shut down the Hanalei Colony Resort, because at full capacity it probably has more guests - about 100 - than all the TVR's in Wainiha put together!!! And unlike many of the TVR's which have septics, the Colony is 100% on a cesspool. In fact, you can often smell the cesspool there. How interesting that you're only concerned with cesspools belonging to vacation homes...and by the way, please show all the non-TVR's that are on cesspool as well, it might provide a little perspective.

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  12. If "Being listed as a vacation rental on real property tax records is not in itself sufficient to make a TVR "legal."...

    Then the county is illegally taxing those properties as vacation rentals.

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  13. Wrong, the colony is on septic, not cesspool, but does have a very foul odor at times.

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  14. I find it interesting that so many people have so much to say about TVR's and making such an effort to get rid of them when probably most of these folks don't even own property on Kauai-last I heard owners have rights and therefore should be able to do what they want with their property including using it as a TVR and jumping through all of the legal hoops and paying all of the costs of doing it-( I am not one of these owners) it just seems everyone wants what they can't afford to do on their own so the solution is to take away rights-which in my opinion is wrong-and certainly not the right way to handle things

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  15. 2:40 and 3:10
    Who cares if the author of this blog, owns a house or not. This BLOG in its own right, has power and is one of the few citizen based activities that makes each and every one of our politicians wary and cringe.
    I am against most of this blog's views, but I respect and admire the work and passion that goes into it.
    I own several properties on Kauai, and stand firmly against Agricultural zoned, B and Bs and all TVRs that are not in the Resort zones. All variances should be subject to a Class IV hearing at the Planning Commission. This Class IV process brings out the community and tho' there are many nuts on Kauai and they will make their presence loudly known at any hearing, it is the process that should be used.
    Many of us have had to wiggle (and dangle) in the zoning process over the decades and to allow full blown TVR activity in residential and agricultural zones, flies in the face of the intent and purpose of any Planning Code.

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  16. 2:02. Wrong, the county is legally taxing illegal vacation rentals.

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  17. Nasty comment is probably from a TVR manager who has exploited Haena and profits from abusing its natural resources. A bit venomous.

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  18. Michael Dahilig ADVISED Costa and Aiu - point your finger at the responsible party. The SHORTY with the BIG chip on his shoulder.

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  19. North Shore is Hooked on Black Tar Heroin. These Cali Forn ian's gots nothing better to do.

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  20. You people have nothing better to do than this pitiful conversation. Get a life. And you, Joan. Fostering this discontent. Have a look at AirBnB and then add a few thousand "Illegal" fully illegal rentals. Have you ever looked at that site? EVERYONE has something going. Every time I read this blog it reminds me of ignorance and hostility and racism. It's over and you all just should move on. You think you can just wish this away? Complain it away? Ot's over. Go look at AirBnB you might find your neighbors "room" on there. Why don't you self appointed vigilante's get real. I know who some of you are. A bunch of unhappy nosey people with an agenda of useless expended energy. I feel sorry for all of US. Look at the BIG picture not the manini little this house and that house nonsense. AIRBNB is a game ender. Go nore around in there and add more pins and images to your already absurd "Musings"

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  21. "Get a life."

    I DON'T HAVE ONE, THAT'S WHY I'M POSTING ON A BLOG AT 1;57 AM

    "Every time I read this blog it reminds me of ignorance and hostility and racism."

    LIKE THE COMMENT I LEFT AT 1;57 AM….

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  22. The planning department wants to be to be perceived as evil -- with their welcome to the dark side themed Halloween party. Pathetic.

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  23. to 334 pm sounds like it's a case of "not in my backyard" so it's okay for those who live in VDA's to have to put up with big hotels but not those legal TVR's outside of the VDA who own houses and share them with visitors-
    it puzzles me to ask what does everyone want to drive the economy here? so no Big Ag, no visitors? we just live off the land and try to get by? everyone who lives here benefits from the visitor industry-get real....

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  24. When you buy into or rent in a VDA, you know there are hotels and transient people, but when you buy into a residential neighborhood and then it is full of strangers everyday and you don't know who your neighbors are it sucks. Residents have rights too and they have been violated.

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  25. to 424pm the residents who live in VDA areas and owned their homes before it was designated as such have to "live with it" and so they do and not keep making a big whining fuss about it-so why can't the residents outside the VDA do the same?-at least the County has limited the construction of hotels in those areas-with exception of a few resort properties- HCR in Haena and Waimea Plantation Cottages on the Westside-not like what has happened in Poipu-and yes, not all of Poipu is a VDA
    come on people-get a life and move on......

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  26. to 334 pm so obviously you don't live and " the several properties that you own on Kauai" so what do you do with them? are they long term rentals or vacation rentals? either way they are commercial as you produce income for yourself and hopefully pay taxes on them-as a property owner you are doing what you want with them so why take away rights of the other property owners?

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  27. Thanks to those caring individuals who suggest we get our lives together and move on.
    But you know what? We'll take our chances,
    An Illegal TVR is exactly what it means; illegal. And, therefore unacceptable!
    In other words, thanks but no thanks.
    We'll keep speaking out for what is right.

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