2025-08-26 PL-BOA-2025-000124 COMPLETE RECORD ON APPEAL (M. KELLBERG VS. PLANNING DIRECTOR)

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compliance with such provisions). § 23-62 provides the planning director "shall disapprove a preliminary plat or a subdivision map where the subdivider has failed to comply with the provisions of chapter 25, zoning code."HCC § 23-62(c). Furthermore, all county officials have non-delegable duties to enforce zoning in agricultural districts.6 Finally, that some of the lots have been sold by the subdivider does not preclude the Director from issuing the requested clarification of the status of these lots.? B. Director Should Issue Ruling so Agencies and Owners Can Comply with Code This petition will allow the Planning Director to provide critical guidance and interpretation of a clear factual situation that makes for an uncertain legal situation. By Charter and Code, the Planning Director has the authority to administer the zoning, subdivision, and several related codes. Several development and construction related permits or licenses are dependent on a lot's zoning and subdivision code status. As such, declaratory ruling is critical to set forth the status of the Pruglo Lots which, despite years of litigation, remain uncertain. To be sure, Petitioner's position is that the Pruglo Lots violate the zoning and subdivision codes and 'See e, g., HRS §205-12 Enforcement. The appropriate officer or agency charged with the administration of county zoning laws shall enforce within each county the use classification districts adopted by the land use commission and the restriction on use and the condition relating to agricultural districts under section 205-4.5 and shall report to the commission all violations.See also Att. Gen. Op. 70-22 (counties' responsibility for enforcement includes taking necessary actions against violators; such enforcement covers all land use district classifications and land use district regulations, except those relating to conservation districts). 7 Without notice of the subdivision application, approval, or preexisting lot determination, Petitioner is not bound by them. See Unite Here! Local 5 v. Dept of Planning & Permitting/Zoning Bd. of Appeals,454 P.3d 394,407 (Haw. 2019)(finding a due process violation when Planning Director removed zoning condition without notice to interested party); Unite Here! Loc. 5 v. Pacrep LLC, 2025 Haw. LEXIS 57, *41-42, 2025 LX 13525, 2025 WL 573299, slip op. available here, (equitable remedy can be fashioned to address violation of environmental statute despite completion of condominium project and sale of units). 15 18