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BEFORE THE PLANNING DIRECTOR <br /> PLANNING DEPARTMENT <br /> COUNTY OF HAWAI`I <br /> STATE OF HAWAI`I <br /> In the Matter of DOCKFT NO. 25-0001 <br /> MARK KELLBERG, DENIAL OF PETITION FOR <br /> DECLARATORY RULING <br /> Petitioner <br /> JEFFREY W. DARROW, PLANNING DIRECTOR, <br /> COUNTY OF HAWAII'S DENIAL OF PETITION FOR DECLARATORY RULING <br /> I. BACKGROUND <br /> Petitioner, Mark Kellberg, ("Petitioner") filed his Petition for Declaratory Ruling <br /> ("Petition")with the County of Hawai'i,Planning Department ("Department") on May <br /> 23, 2025,requesting a declaratory ruling from the Director of the Department <br /> ("Director")regarding the applicability of various sections of the Hawai'i County <br /> subdivision and zoning codes (Hawai'i County Code, Chapters 23 and 25) to a <br /> subdivision approved in 2005, SUB-05-00064 ("Subdivision"). <br /> A. The Subdivision <br /> The property at issue involves land located at Waikaumalo,North Hilo, Hawaii, <br /> formerly designated as Tax Map Key Parcel No. (3) 3-2-002-035, being 49.070 acres <br /> including a non-contiguous portion being 0.699 acre. On May 22, 2000, the Department <br /> sent a letter to the landowner stating that the Department recognized six pre-existing lots <br /> of record within the property. In response to a December 24, 2003 request to recognize <br /> seven lots, the Department mistakenly stated that only 2 lots existed. When the prior six- <br /> EXHIBIT " 1 " <br />