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

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because: (a) variances themselves are granted pursuant to HCC Chapter 23; and(b) HCC Chapter 23 does not prohibit or limit variances from HCC §§ 23-86 and 23-95. 7. Variances Under Chapter 23, Request 4. Variances Under Chapter 23, Request 4 asked"if a roadway subject to a variance is otherwise in full compliance with Chapter 23, can the County accept dedication of the roadway under Section 23-10 of the Hawai`i County Code?" Ex. 105-2 at 14. The answer to this Request is Yes. Id. at 22. HCC § 23-10 provides that the County Council"shall not . . . receive by dedication . . . any street in any subdivision opened or platted in the County after December 21, 1966, except upon full compliance with the provisions of this chapter." HCC § 23-10 (emphasis added). HCC § 23-10 cannot be read in isolation and without regard to the remainder of HCC Chapter 23, including HCC § 23-14 vesting the Planning Director with authority to grant variances. See State v. O'Brien, 5 Haw.App. 491, 496, 704 P.2d 905, 909 (1985) ("The statutory language of a subsection should not be read in isolation."). As discussed above, a roadway that has been granted a variance can still be in"full compliance with the provisions" of HCC Chapter 23 under HCC § 23-10, because variances themselves are granted pursuant to HCC Chapter 23. See Section V(A)(6), supra. HCC § 23-10 does not qualify or limit how "full compliance with the provisions" of HCC Chapter 23 must be achieved, and it certainly does not provide that a roadway subject to a variance cannot be dedicated or is otherwise not in full compliance with HCC Chapter 23. 8. Variances Under Chapter 23, Request 5. Variances Under Chapter 23, Request 5 asked"can a roadway subject to a variance from Sections 23-86 and 23-95 of the Hawai`i County Code be dedicated under Section 23-10 of the Hawai`i County Code?" Ex. 105-2 at 14. The answer to this Request is Yes. Id. at 23. 4881-6366-3335.6.051730-00058 19