07-24-2007, 10:07 AM
Hi Glen,
I posted this in the other topic on ohanas, but I was told by Planning that they now take a harder stance at the "bar sink plus microwave, etc. with no kitchen stove" arrangement, as this has become a common way of effectively trying to get around the no kitchen rule.
I was told that the combination of sink, appliances that heat food, a frig, counter, shelving, dishes and utensils can still be called a violation as one can prepare food quite well these days without a stove.
In other words, it's the total effect of what you've pulled together that either screams nonconforming cooking facilities or the true idea of a bar sink -- wash hands, get water, mix drinks.
If you look at the MLS for Puna listings there are many that come out and say that part of the property is ideal for a studio apartment or rental, and it's all obviously nonconforming.
The County will respond to complaints about zoning violations; they do not, I have been told, initiate investigations. As for Building, they will not come out and cite someone for not pulling a permit even if a neighbor asks (in my experience).
Where it matters, as far as I can tell:
If you plan on ever pulling a permit for improvements, you will not get one unless you pull permits for unpermitted structures or if you have obvious nonconforming usage -- which they can tell you to dismantle.
Two, if you sell your place the buyer has to be willing to assume the issues, so if the buyer plans to do permitted improvements, any nonconforming issues may be a deterrence.
Really, the only problems I've been personally aware of were from neighbor complaints.
I posted this in the other topic on ohanas, but I was told by Planning that they now take a harder stance at the "bar sink plus microwave, etc. with no kitchen stove" arrangement, as this has become a common way of effectively trying to get around the no kitchen rule.
I was told that the combination of sink, appliances that heat food, a frig, counter, shelving, dishes and utensils can still be called a violation as one can prepare food quite well these days without a stove.
In other words, it's the total effect of what you've pulled together that either screams nonconforming cooking facilities or the true idea of a bar sink -- wash hands, get water, mix drinks.
If you look at the MLS for Puna listings there are many that come out and say that part of the property is ideal for a studio apartment or rental, and it's all obviously nonconforming.
The County will respond to complaints about zoning violations; they do not, I have been told, initiate investigations. As for Building, they will not come out and cite someone for not pulling a permit even if a neighbor asks (in my experience).
Where it matters, as far as I can tell:
If you plan on ever pulling a permit for improvements, you will not get one unless you pull permits for unpermitted structures or if you have obvious nonconforming usage -- which they can tell you to dismantle.
Two, if you sell your place the buyer has to be willing to assume the issues, so if the buyer plans to do permitted improvements, any nonconforming issues may be a deterrence.
Really, the only problems I've been personally aware of were from neighbor complaints.