Letter for Wednesday, Nov 15, 2017 – The Garden Island

Hanalei Bay Resort responds

The Garden Island printed a story about Hanalei Bay Resort Nov. 8, to that we would like to supplement some clarification.

Our plan was built, not in 1995 as a story suggests, nonetheless dual decades earlier, in 1973-1975, as a Hanalei Beach and Racquet Club. It was one of a initial projects on a Princeville plateau, and was authorized by a Kauai Planning and Traffic Commission in 1972 — before a county Comprehensive Zoning Ordinance was enacted. That was a elect that preceded a Planning Commission.

The dual categorical issues lifted in a story were about lockout units and parking.

This plan was designed and authorized by mixed supervision agencies with apartments that have bedroom and bath combinations with apart entrances and apart lanais. The apart bedroom and bath are means of being distant or “locked out” from a rest of a apartment.

It is a perspective that while planners might cruise this a non-compliant use today, it is a use that was approved. This is how it was designed, how it was permitted, how it was built, and how it has functioned generally unequivocally uniformly for about 40 years.

Regarding parking, a existent series of parking stalls was ideally adequate until recently.

The Real Estate Commission’s condominium news in 1975 set a parking during 149 stalls. Planners sought some-more parking, and Hanalei Bay Resort grown about 160 designated, paved parking stalls, and countless additional unmarked parking spaces.

While it did not enclose 249 stalls, that is a series remarkable in some (but not all) of a county’s records, a existent parking arrangement met a resort’s needs nonetheless problems for scarcely 40 years, until a eccentric grill and bar on skill significantly augmenting their capacity, formulating new parking demands.

As a outcome of discussions about a parking issue, Hanalei Bay Resort has stepped up. It has hired architectural and engineering consultants to brand and pattern additional parking on a property. We also set adult a cheuffer use to support a grill with parking for a patrons. That use was finished when a restaurateur that augmenting seating ability declined to attend in a cost.

We are a tiny astounded that a princely review is unexpected subjected to criticism. We have upheld this village for 4 decades. Some of a employees and section owners, from aged Hanalei families, have been with us scarcely that whole time. We continue to work as we have for years, with honour for a land, a village and a culture. And we will continue to work in good faith to solve a issues raised.

Thanks for this opportunity.

Greg Veal, General Manager, Hanalei Bay Resort

  1. Mr. Veal, how prolonged will we continue to place a spin on a facts?

    Let’s try a opposite chronicle :

    1. The capitulation of a plan that is now a Hanalei Bay Resort was theme to a unequivocally specific parking requirement number. It came from what is a homogeneous of what is a Kauai Planning Department today. That series incited out to be 249 stalls. It was distributed formed on 134 apartment-condominums PLUS a racquet club, and a 25,000 sqft blurb building that housed a lobby, offices, worker lounge, and dual grill spaces that were The Bali Hai Restaurant The Happy Talk Lounge. From Day 1 of it’s opening, it appears when we investigate a condo map and documents, a parking was never sufficient supplied.

    First, there were ostensible to be 180 paved parking stalls. If we count today, there are approximately 160, a accurate series a County inspectors came adult with recently.

    Second, there were ostensible to be 69 “theater style” parking spots per a papers submitted to County and indeed shown on a Condo Maps that are filed with a Bureau of Conveyances in Honolulu. 32 museum character parking spaces along with 3 tennis courts were finished divided with and transposed by a grotto character pool, waterfalls, and landscaping. The parking spaces that were separated were never replaced. The other 37 museum character parking spaces can usually be achieved by a cheuffer complement that should be paid for and common as a common responsibility given parking was and still is a common element. Instead, your Board, in what we hold to be a crude opinion behind sealed doors, nonetheless before presentation to a homeowners (which also is ostensible to embody a owners of a restaurant), voted to place gates to bar all grill guest and effectively take not usually a ostensible 148 spaces shown in that territory of a condo map, nonetheless also a 37 museum form spaces. In sum 185 remarkable spaces were taken divided for a disdainful use of a homeowners. In your possess parking process that was sent by your former manager Scott Pacer he states a following:

    “All accessible spaces (approximately 152 spaces) in a north lot to a right of a opening will be indifferent for a disdainful use of Owners and guest staying overnight during Hanalei Bay Resort. This lot will have label pivotal tranquil entrance by use of an electronic gate. One space is authorised per apartment. Additional spaces for Owners and guest with some-more than one automobile per section will be employed on a space accessible basement during government discretion.

    The reduce lot (approximately 41 spaces) will be employed for review employees, vendors and tennis bar guest unless additional parking is indispensable to accommodate Owners and guest staying overnight during a resort. Guest parking for Bali Hai and Happy Talk guest will be authorised in a reduce lot fortuitous on adequate accessibility of parking for Owners and guest in residence, review employees, vendors and tennis bar guests.”

    To serve supplement insult to injury, your Board voted to exercise a cheuffer complement usually charging a guest of a restaurant. This assign was $10 per vehicle. The costs were to be gimlet by a congregation usually or billed to us to a balance of scarcely $14,000 – $15,000 per month. For a while, per one of your Board member’s, who during an annual assembly settled that to date a cheuffer “netted” a review $1000 for a duration of 2 months. It seemed to us in that assembly that a cheuffer was going to be a distinction core for a AOAO. we am certain we were suggested that was a bad thought as after a cheuffer assign forsaken to $9 per vehicle.

    The reasons for a gates- given to us essentially by your former manager – was that it was dictated to keep “the riff-raff” out. When asked what he meant by that, he settled it was to keep out a fishermen who came to take ice, a surfers who used a HBR lot as entrance to a beach, and non-residents who came to censor into a jacuzzi, or a locals who came to use a washing facility. The humorous thing though, is that while one side was gated (the side with a infancy of parking), a other sided stays non-gated. So does that meant a supposed “riff-raff” won’t be means to figure out that a gates are usually on one side??? Would that forestall them from still coming?

    Additionally, Mr Veal, your staff is educated to essentially park on a non-gated side. We have also been done wakeful that some were even told to stay longer so that a grill guest would not find parking when we opened. You also sent a memo to your staff and in your possess difference “ We all need to be observant a same thing. Please plead and discipline this with all of your organisation members”. Then your memo goes on to give a reasons behind a gates and a cheuffer complement which, in my opinion, was dictated to harm a grill and try put us out of business. Mr. Veal, your Board was given many opportunities to do a right thing. For scarcely dual years, we attempted to work with your Board to come adult with satisfactory parking solutions. Instead, they chose to harm us by fixation a gates and incompatible a guests. we doubt even a homeowners are wakeful of what was discussed between us and a Board. Certainly no sum were ever common rigourously with a homeowners of a countless attempts to work an gentle resolution for parking.

    As for your continual claims that we augmenting seating capacity, Mr Veal, we know that is clearly not a truth. How can we contend this nonetheless any FACTS to support your claim?
    I CHALLENGE YOU TO PROVE THIS. we am happy to accommodate with any County organisation with your participation to uncover us how we have augmenting a seating capacity. Thanks to your Board’s parking policies, we are handling BELOW a authorised seating capacity. Not to mention, a Bali Hai Restaurant has not been means to open now for scarcely a year and half.

    Mr. Veal, your Board was reminded scarcely a year and half ago by a minute antiquated 1995 by Kauai County Planning saying a following (last paragraph):

    “ Please be suggested that nonetheless a use of a Hanalei Bay Resort comforts as a hotel is allowed, such use or activities should not impact a pattern of a review condominium apartments as home units. Dwelling units, distinct hotel rooms, enclose a kitchen for food credentials and cooking. Therefore, a bedrooms that are rented during Hanalei Bay Resort should not include of some-more than 134 review apartment-condominium units. Any try to lease particular bedrooms or “lock-out” units exclusively of a categorical home or condominium-apartment section would be deliberate an bootleg activity”.

    Assuming this minute was in a Hanalei Bay Resort files, and this minute “was not lost”, afterwards a Board could have unequivocally good been wakeful of this letter. If not, a Board was done wakeful scarcely a year and half ago reminding them of their fiduciary responsibilities to follow a terms of a letter. Instead, they chose to strengthen their “lock-out” business by gating off parking to support a incomparable liquid of cars. No care was given to a “grand-fathered” grill and a guests. A infancy of a Board profited from this “illegal activity” per a terms laid out in a minute by a Kauai Planning Director Mr. Veal and now per a new minute by a County Planning, a celebration is over. The Board and a homeowners can still lease out a condominium-apartments as they are dictated ( as 134 whole units), usually not as divided adult to 280 units.

    Mr. Veal, it’s time for a Hanalei Bay Resort Board to belong to a manners and a laws of a County of Kauai. They needs to residence a blank 89 parking spaces. They needs to mislay a gates – that were never shown on any Condo Map and a private owners who are still enchanting in a let of their units as lock-outs need to possibly stop or request for a required permits with a County in sequence for them to turn legal.

    Lastly, prolonged as a gates sojourn down (which H.B.R was categorically told by a County Planning in a new Notice of Non-Compliance Letter to REMOVE) , we do not give most credit to your “ good faith efforts” in perplexing to find a solution.

  2. Don’t be surprised, Greg…you can always count on a bureaucracy and it minions to screw-up a good thing. Or, in many cases, simply hinder and demarcate a good thing.

    The lock-out thing is quite undiscerning and does positively zero to anyone’s benefit. It is used extensively as a arms opposite private skill owners wishing to build a pod stile residence or one with apart lanai entrances to bedrooms. All this to serve a county’s expostulate to force taste opposite one category of skill owners and renters…the anti vacation let agenda.

    RG DeSoto

  3. HBR Board of Directors and management, we are now resolutely confirmed in my mind as a “Harvey Weinstein’s” of Kauai County. While your crimes are “only” innate of fervour and audacity we vaunt many of a same ill traits. Lies, half truths, intimidation, spin – and by a way, we seem to have positively no support or magnetism whatsoever from anyone nonetheless your tiny organisation of hustlers (except maybe from your attorneys who we am certain are some-more than happy to take as most income as they can from a HOA). And like a genuine Harvey Weinstein, usually since we got divided with it for decades doesn’t make it legal….or right.

    You’ve been BUSTED! Your sick, unwashed tiny secrets have been exposed. The genie is out of a bottle.

    The usually doubt now is do we continue with a lies and spin or do we start repairs control and do a right thing? Don’t continue being stupid. You’ve already dug a low adequate hole. It’s time to start climbing out of it.

  4. Did Hanalei Bay Resort request for any permits to continue to concede their residences/owners to use lockouts? we find it tough to trust that once a CZO was enacted that they would usually automatically grandfather in this use for your association. In fact in a prior essay there was a mention from a minute that was sent from your house to a residence/owners vouchsafing them know that this use was prohibited. So again, because do we feel that we should continue this use all while acknowledging that is not authorised and there could be fines? Continuing this use of march allows some-more people to stay in a review holding some-more parking spaces afterwards allowed, that impacts what parking spaces are accessible for a grill to use.

    What is your explanation that a grill augmenting it’s seating capacity? Wouldn’t they have had to request for a assent to do so, and also emanate a incomparable space to accommodate some-more people? we consider a formulation elect would have done a criticism about this, nonetheless it seems that usually we have this believe about a restaurant.

    You entirely acknowledge that there are not adequate parking spots, “While it did not enclose 249 stalls, that is a series remarkable in some (but not all) of a county’s records”, so because do we feel that we should continue to censure a grill for a parking issue? It seems to me that we know we are not in a right in this conditions and will quarrel so that we don’t have to harm your ego and acknowledge we are wrong.

  5. Once again this essay is saying a parking problem is caused by a restaurants augmenting their seating. From all a articles we have review on this conditions a restaurants have not augmenting in size, nonetheless a review has roughly doubled a bedrooms they lease out. It seems a review finds it easier to censure a Happy Talk and Bali Hai restaurants than revelation they caused a parking problem.
    If a review unequivocally wanted to work things out with a restaurants as settled afterwards they initial should stop blaming them for a problem they combined themselves.
    I have had a payoff to sup during a Happy Talk restaurant, a food is initial rate, use was good and it shows people a Hawaiian acquire all visitors wish to knowledge while visiting a island.

  6. The some-more articles we review on this emanate a some-more it sickens me. HBR house of directors and management- stop indicating fingers and fixation censure on others for your brief comings on your commitments. You can't continue this conniving function and censor behind lies. It can't be tolerated any longer, and we truly wish we do wants best for a county of Kauai and scold your antagonistic actions and try to deliver your reputation.

  7. This essay states it set adult a cheuffer use nonetheless was stopped when a grill owners did not wish to attend in a cost….. a cheuffer use charges a congregation for parking so because are they charging a owners too?

  8. When a County gave you-(HBR) a 48 hr notice to “lift a embankment arm” over 2 months ago, to concede congregation to go to a Happy Talk, we simply did not comply. From a above essay by Greg, we can all see that a Management/Board of HBR is some-more meddlesome in creation income than doing a right thing.

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