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d. Construction Standards, Request 2: Whether the express terms of <br /> the Ordinances require compliance with Sections 23-86 and 23-95 of <br /> the Hawai`i County Code for the Mauka Haleki`i Extension, Makai <br /> Haleki`i Extension, and Connector Road? <br /> e. Construction Standards, Request 5: Whether the express terms of <br /> the Ordinances prohibit variances under Chapter 23 for the Mauka <br /> Halekii Extension, Makai Haleki`i Extension, and Connector Road? <br /> f. Variances Under Chapter 23, Request 3: Can a roadway subject to a <br /> properly granted variance from Sections 23-86 and 23-95 of the <br /> Hawai`i County Code be in full compliance with Chapter 23? <br /> g. Variances Under Chapter 23, Request 4: If a roadway subject to a <br /> variance is otherwise in full compliance with Chapter 23, can the <br /> County accept dedication of the roadway under Section 23-10 of the <br /> Hawai`i County Code? <br /> h. Variances Under Chapter 23, Request 5: Can a roadway subject to a <br /> variance from Sections 23-86 and 23-95 of the Hawai`i County Code <br /> be dedicated under Section 23-10 of the Hawai`i County Code? <br /> Exhibit 1 at 9-10. <br /> 29. Oceanside's counsel proceeded to question the Planning Director as to his answer <br /> to each of these Requests and where his answers are located in the Declaratory Order. See Video <br /> of Hearing starting at 1:38:55. <br /> 30. When questioned about Dedication Requirements, Request 1, the Planning <br /> Director refused to answer whether Ordinance No. 96-7 requires the dedication of the Mauka <br /> Haleki`i Extension, Makai Haleki`i Extension, and Connector Road, and instead would only <br /> testify as to his interpretation of Ordinance No. 96-7 "taken together"with Ordinance No. 96-8. <br /> See Video of Hearing starting at 1:39:10. <br /> 31. The BOA finds that the Planning Director failed to issue a declaratory ruling on <br /> Dedication Requirements, Request 1 in the Declaratory Order. <br /> 32. When questioned about Dedication Requirements, Request 2, the Planning <br /> Director testified that Ordinance No. 96-8 does not set a deadline, date certain, or development <br /> milestone by which the Makai Haleki`i Extension and Connector Road must be dedicated to the <br /> 15 <br /> 4897-0598-6819.1.00DBS 1-00001 <br />