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Those findings of fact, conclusions of law otherwise proposed by the parties that are not <br /> incorporated herein, are hereby rejected. The Board of Appeals, having held a hearing on the <br /> above-entitled matter on October 11, 2024, finds, concludes and orders as follows: <br /> FINDINGS OF FACT <br /> 1. On February 7, 2024, C&J Coupe Family Limited Partnership ("Intervenor") filed <br /> its Petition for Declaratory Ruling, and on March 27, 2024, filed its Supplement to Petition for <br /> Declaratory Ruling, (collectively, "Petition")requesting declaratory rulings from the Director of <br /> the Planning Department of the County of Hawaii ("Planning Director"). <br /> 2. On April 29, 2024, the Planning Director issued Zendo Kern, Planning Director, <br /> County ofHawai`i's Declaratory Order in the Matter of C&J Coupe Family Limited <br /> Partnership, Petitioner, Docket No. 24-0001 ("Order") in response to the Petition. <br /> 3. On May 28, 2024, 1250 Oceanside, LLC ("Appellant") filed its General Petition <br /> for Appeal of Decisions by Planning Director or Public Works Director("Appeal") with the <br /> Board of Appeals, County of Hawaii ("Board") appealing the Planning Director's issuance of <br /> the Order. Appellant argued the following points of error: <br /> a. Planning Director erred by not interpreting Ord. 96-7, standing alone, because <br /> no dedication requirement is contained within Ord. 96-7; <br /> b. Planning Director erred by seemingly qualifying the 2010 dedication of the <br /> Mauka Haleki`i Extension and corresponding satisfaction of the Ordinances' <br /> conditions related to the roadway; and <br /> c. Planning Director erred by ruling that the Makai Haleki`i Extension and <br /> Connector Road have not been constructed as required under the Ordinances <br /> because (1) both roadways were constructed pursuant to plans approved by <br /> 2 <br />