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<br /> - POP: gatri v. blane Page 3 of 11 <br /> GATRI then appealed the decision of the Director to the circuit court. GATRI argued that the decision <br /> of the Director was erroneous because a development which is consistent with the governing zoning <br /> ordinance is ep <br /> r se consistent with the general plan. The Director opposed GATRI's action on the <br /> grounds that: (1) the appeal should be dismissed for lack of jurisdiction because GATRI had not <br /> exhausted its administrative remedies; and (2) the Director's determination was not erroneous. After <br /> hearing, the circuit court issued a judgement in favor of GATRI. The circuit court's findings of fact and <br /> conclusions of law, in relevant part, were that: <br /> [Finding of Fact No.] 3. In 1969, the County of Maui adopted Ordinance No. 641 that zoned the subject <br /> property B-R Resort Commercial. <br /> 4. In 1984, the County of Maui adopted Ordinance No. 1490 that designated the subject property Single- <br /> Family on the Kihei-Makena Community Plan. <br /> 5. Notwithstanding the fact that twelve (12) yeazs have elapsed since the adoption ofthe Kihei-Makena <br /> Community Plan, the County of Maui did not rezone the subject property to Residential. <br /> 7.On or about March 8, 1996, [GATRI] filed an application with [the Director] for a special <br /> management area minor permit for the construction of a snack shop. <br /> 9. The permitted uses of property zones B-R Resort Commercial include, but are not limited to, <br /> restaurants, coffee shops and snack bars. <br /> 10. The activities and uses proposed by [GATRI] aze expressly permitted within the B-R Resort <br /> Commercial District. <br /> 12. The proposed development will not have an adverse impact on the environment and surrounding <br /> azeas. <br /> [Conclusion of Law No.] 2. [The Director] hadjurisdiction and authority to issue the final decision <br /> dated Mazch 29, 1996, pursuant to [HRS 91-8, and the [Maui SMA Rules], Sections 12-202-12, 12- <br /> 202-13 and 12-202-14. <br /> 3. [Director's] letter dated March 29, 1996, is in effect a denial of [GATRI's] request for a special <br /> management area minor permit and is thus a final decision for purposes of [HItS 91-14. [Maui SMA <br /> Rules], Section 12-202-14. <br /> 4. Neither the Revised Charter of the County of Maui, the Maui County Code nor the [Maui SMA <br /> Rules] provide the Maui Planning Commission with the authority to review decisions of [the Director]. <br /> http://www.hawaii.gov/jud/20385.htm 12/22/2006 <br /> <br />