2024-10-04 1250 Oceanside LLC Consolidated Hearing Brief (PL-BOA-2024-000104 & 105)

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No. Request Argument and Relief Variances Under Chapter 23 1. As of January 31, 2011, did Chapter 23 The answer to this Request is Yes. have provisions for granting variances? The BOA should remand this matter back to the Planning Director to issue the following ruling: As of January 31, 2011, Chapter 23 had provisions for granting variances. 2. As of January 31, 2011, did the The answer to this Request is Yes. provisions for granting variances under The BOA should remand this matter back to the Chapter 23 allow for variances from Planning Director to issue the following ruling: Sections 23-86 and 23-95 of the Hawaii As of January 31, 2011, the provisions for County Code? granting variances under Chapter 23 allowed for variances from Sections 23-86 and 23-95 of the Hawaii County Code. Variance Applications 1. As of January 31, 2011, did Section 23- The answer to this Request is Yes. 17(a) of the Hawaii County Code allow The BOA should remand this matter back to the for notice of a variance application to be Planning Director to issue the following ruling: served by mail on owners of interests in As of January 31, 2011, Section 23-17(a) of properties within 300 feet of the the Hawaii County Code allowed for notice perimeter boundary of the applicant's of a variance application to be served by mail property? on owners of interests in properties within 300 feet of the perimeter boundary of the applicant's property. 2. As of January 31, 2011, did Section 23- The answer to this Request is Yes. 17(a) of the Hawaii County Code allow The BOA should remand this matter back to the for proof of an applicant's service or Planning Director to issue the following ruling: good faith efforts to serve notice of a As of January 31, 2011, Section 23-17(a) of variance application on neighboring the Hawaii County Code allowed for proof property owners to be provided in the of an applicant's service or good faith efforts form of an to serve notice of a variance application on neighboring property owners to be provided in the form of an affidavit. 3. As of January 31, 2011, did Chapter 23 The answer to this Request is No. or any other statute, ordinance, rule, or The BOA should remand this matter back to the order within the Planning Director's Planning Director to issue the following ruling: jurisdiction require notice of a variance As of January 31, 2011, neither Chapter 23 application to be served on neighboring nor any other statute, ordinance, rule, or property owners other than as provided order within the Planning Director's in Section 23-17(a) of the Hawaii County Code? jurisdiction required notice of a variance application to be served on neighboring property owners other than as provided in Section 23-17(a) of the Hawaii County Code. 4881-6366-3335.6.051730-00058 7