COM 0056.001 2006-2008 - Laserfiche WebLink

Home

POP: gatri v. blane Page 10 of 11 . zoning ordinance is ep r se in accordance with the general plan.III. CONCLUSION For the foregoing reasons, we reverse the judgment of the circuit court and affirm the decision of the Director denying GATRI's SMA permit application. On the briefs: Kelly A. Cairns, Deputy Corporation Counsel for defendant-appellee/appellant Paul I. Horikawa for applicant-appellant/appellee 1. A "special management area minor permit" is "an action by the [CZMA] authority authorizing development the valuation of which is not in excess of $125,000 and which has no substantial adverse environmental or ecological effect[.]" Hawaii Revised Statutes (HRS) § 205A-22 (1993). 2. As will be discussed in more detail infra, SMA minor permits are processed by the Director, while other SMA permits aze processed by the Commission. Special Management Area Rules for the Maui Planning Commission (Maui SMA Rules) 12-202-14 and 15 (1994). 3. HRS Chapter ZOSA, the Coastal Zone Management Act, provides for the designation of an "authority" to administer the law. "'Authority' means the county planning commission, except in counties where the county planning commission is advisory only, in which case'authority' means the county council or such body as the council may by ordinance designate. The authority may, as appropriate delegate the rec onsibility for administering this part." HRS § 205A-22 (1993) (emphasis added). 4. Similaz to the charter provision analyzed in Thousand Friends, the Maui charter provides that the board of variances and appeals shall "[h]ear and determine appeals alleging error from any person aggrieved by a decision or order of any department charged with the enforcement of zoning, subdivision and building ordinances[.]" Charter of Maui County § 8-5.4 (2)(1988). The Director does not allege that the decision was required to be appealed to the board of variances and appeals. 5. Maui County Charter § 8-8.6(1) provides that "[t]he County shall adopt revisions to the general plan by ordinances." Maui County Code § 2.80A.010(B) (1994) provides, in relevant part, that "[t]he community plans authorized in this chapter are established and shall, upon adoption by the council, be part of the eg neral plan of the county, as provided in the revised charter of the county." (Emphasis added.) Maui County Code § 2.80A.020 provides that "[c]ommunity plans shall set forth in detail, land uses within the nine regions of the county designated in this subsection." (Emphasis added.) http://www.hawaii.govrud/20385.htm 12/22/2006