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Development of 1250 Oceanside LLC, Derek B. Simon, Esq., and Ian R. Wesley-Smith, Esq. <br /> appeared on behalf of Appellant. Zendo Kern, Hawai`i County Planning Director and E. Britt <br /> Bailey, Deputy Corporation Counsel, appeared on behalf of the Planning Department. Charles <br /> Coupe of C&J Coupe Family Limited Partnership, Kenneth R. Kupchak, Esq., and Mark M. <br /> Murakami, Esq. appeared on behalf of Intervenor. <br /> 10. The Board found that the Order addressed the questions raised by the Appellant in <br /> its appeal, even if the Director did not provide the level of clarity or specifics desired by the <br /> Appellant. <br /> CONCLUSIONS OF LAW <br /> 1. Hawai`i Revised Statues Section 91-8 allows that: <br /> Any interested person may petition an agency for a declaratory order as <br /> to the applicability of any statutory provision or of any rule or order of <br /> the agency. Each agency shall adopt rules prescribing the form of the <br /> petitions and the procedure for their submission, consideration, and <br /> prompt disposition. Orders disposing of petitions in such cases shall <br /> have the same status as other agency orders. <br /> 2. Planning Department Rule 3-1(a) gives the Planning Director the discretion to <br /> "issue a declaratory order as to the applicability of any statutory provision, ordinance, or any rule <br /> or order of the Director or the Department." <br /> 3. Hawaii County Code ("HCC") Section 25-2-23 [Standard of Review], provides <br /> that: <br /> The board of appeals may affirm the decision of the director, or it may reverse <br /> or modify the decision or remand the decision with appropriate instructions if <br /> based upon the preponderance of evidence the board finds that: <br /> (1) The director erred in its decision; or <br /> (2) The decision violated this chapter or other applicable law; or <br /> (3) The decision was arbitrary or capricious or characterized by an abuse of <br /> discretion or clearly unwarranted exercise of discretion. <br /> 4. Board of Appeals Rules of Practice and Procedures, Rule 8-4(4)requires that a <br /> general petition for an appeal must include: <br /> A statement explaining: <br /> 3 <br />