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2024-05-28 PL-BOA-2024-000105 Petition (1250)_v1
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2024-05-28 PL-BOA-2024-000105 Petition (1250)_v1
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any street in any subdivision opened or platted in the County after December 21, 1966, except <br /> upon full compliance with the provisions of this chapter." HCC § 23-10 (emphasis added). <br /> HCC § 23-10 cannot be read in isolation and without regard to the remainder of Chapter 23, <br /> including HCC § 23-14 vesting the Planning Director with authority to grant variances. See <br /> State v. O'Brien, 5 Haw.App. 491, 496, 704 P.2d 905, 909 (1985) ("The statutory language of a <br /> subsection should not be read in isolation."). <br /> As discussed above, a roadway that has been granted a variance can still be in"full <br /> compliance with the provisions" of Chapter 23 under HCC § 23-10,because variances <br /> themselves are granted pursuant to Chapter 23. See Section VI(A)(2)(f),supra. HCC § 23-10 <br /> does not qualify or limit how "full compliance with the provisions" of Chapter 23 must be <br /> achieved, and it does not provide that a roadway subject to a variance cannot be dedicated or is <br /> otherwise not in full compliance with Chapter 23. <br /> h. Variances Under Chapter 23, Request 5. <br /> Variances Under Chapter 23, Request 5 asked"can a roadway subject to a variance from <br /> Sections 23-86 and 23-95 of the Hawai`i County Code be dedicated under Section 23-10 of the <br /> Hawai`i County Code?" See Exhibit 2 at 14. As explained in Oceanside's Petition, the answer <br /> to this Request is Yes. Id. at 23. So long as a roadway is otherwise in compliance with Chapter <br /> 23, it can be dedicated to the County under HCC § 23-10,notwithstanding that it has been <br /> granted a variance from HCC § 23-86 and HCC § 23-95. See Sections VI(A)(2)(f) & (g), supra. <br /> B. The Planning Director Erred in Ruling that Certain Requests Sought Review <br /> of Prior Agency Action. <br /> In the Declaratory Order, the Planning Director refused to issue declaratory rulings on the <br /> following Requests on the grounds that they"improperly seek review or affirmance of a past <br /> Department action, i.e., the issuance of Planning Variance 10-027, dated January 31, 2011 . . . , <br /> 4860-3160-4157.3.051730- 00058 15 <br />
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