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2026-02-06 Legal Memorandum, Appendices A, A-1, B and Certificate of Service (PL-BOA-2025-000124)
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2026-02-06 Legal Memorandum, Appendices A, A-1, B and Certificate of Service (PL-BOA-2025-000124)
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APPENDIX A <br /> IV. Back around <br /> Understanding the background and prior actions related to this matter will help <br /> the Board to understand that the Director properly exercised his discretion in denying the <br /> Petition. <br /> A. Brief Summary of Past Actions and Approvals. <br /> The property at issue involves land located at Waikaumalo,North Hilo, Hawai'i, <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. A previous landowner requested <br /> from the Director recognition of 6 pre-existing lots. On May 22, 2000, the then-Planning <br /> Director issued a letter recognizing 6 pre-existing lots, including the 0.699 acre non- <br /> contiguous area,based on Hawaii County Code, Chapter 23,Article 11. See Record on <br /> Appeal ("ROA') at Page 22;Appendix A-1, Hawai'i Countv Code, Chapter 23, Article <br /> 11. On December 24, 2003, a similar request was made asking recognize 7 pre-existing <br /> lots and the Department responded that there were really only 2 lots. See ROA at Page <br /> 21. When the Department was presented with the 2000 determination of 6 lots, the <br /> Director said he would honor that older determination, thus establishing the proper <br /> number of lots at 6, still based on Hawaii County Code, Chapter 23,Article 11. See ROA <br /> at Page 22-23. Subdivision SUB 05-000064 was approved on July 11, 2005,by letter <br /> which noted that "all requirements of the Subdivision Code, Chapter, 23, as modified <br /> have been met." See ROA at Page 6. SUB 05-000064 intended to consolidate and <br /> resubdivide the 6 recognized pre-existing lots into 6 differently shaped lots based on the <br /> 2000 pre-existing lot determination and mistakenly overlooked the 0.699 acre non- <br /> contiguous area. See ROA at Pages 22-23. Appellant and his then-counsel inquired <br /> 1 <br />
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