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Counsel, hereby submits this Legal Memorandum in the above-captioned matter. This Pleading <br /> is submitted pursuant to the Scheduling Order dated September 30, 2025. <br /> The Director respectfully requests that this Board uphold the Director's determination <br /> that no Special Management Area Use Permit is required for the proposed construction at issue <br /> in this matter because the proposed construction does not meet the definition of"development" <br /> under either Hawaii Revised Statutes ("HRS") §205A-22 or Planning Commission Rule 9-4(i), <br /> as reflected in the Director's Return of Application letter dated April 11, 2025. <br /> I. Background <br /> On March 14, 2025 Richard Standke submitted a Special Management Area Use Permit <br /> Assessment Application to the County of Hawaii Planning Department in connection with <br /> proposed construction at his property located at 14 Oeoe Street in Keaukaha. See ROA at Page <br /> 1. The work described in the application included the construction of a first floor concrete deck <br /> and an internal staircase to connect the upper and lower portions of the house, the addition of a <br /> lanai on the upper floor in front of the current living room extending 12 feet from the front of the <br /> structure for the 20 foot width of the house, and the replacement of the existing roof. See ROA at <br /> Page 2. The existing home is approximately 2,208 square feet and the estimated cost of the <br /> proposed work is $25,000. See ROA at Page 2. <br /> Following the review of the Use Permit Assessment Application and the applicable <br /> Special Management Area("SMA")requirements, the Planning Director issued a Return of <br /> Application letter dated April 11, 2025, explaining why the proposed work is an exempt action <br /> and that no SMA permit is required. See ROA at Pages 20-21. <br /> 2 <br />