BIL 211 Draft 04 1996-1998 - Laserfiche WebLink

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COUNTY OF HAWAI: STATE OF HAWAII BILL NO. 211 (Draft 4) ORDINANCE NO. AN ORDINANCE TO INITIATE A CHARTER AMENDMENT OF THE HAWAII COUNTY CHARTER (1991), RELATING TO THE PLANNING DIRECTOR, PLANNING COMMISSION AND BOARD OF APPEALS. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Intent and Purpose. The current structure of appeals to agency actions in the County of Hawaii is duplicative and conflicting. The proposed amendments will establish a more effective appeals system while preserving the right to appeal and a hearing under Chapter 91, Hawaii Revised Statutes, Administrative Procedures. These amendments will eliminate the existing conflict with Section 5-4.3 and Section 5-6.3 of the County Charter relating to the Planning Commission and the Board of Appeals. The amendments to the Charter would accomplish the following substantive changes: 1. The Planning Commission is eliminated from the variance and special exception appeals process. Because variances are, by Charter, a discretionary action decided by the Planning Director, the appeal should be made to the Board of Appeals, where an agency hearing could then be held. 2. The Planning Commission membership will be representative of each council district. In addition, the bill makes less significant changes to clarify and reinforce the following existing practices and mandates: Includes duties of the Planning Commission as those assigned pursuant to law.