2024-12-13 BOARD OF APPEALS Minutes

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OLD BUSINESS 1. 1250 OCEANSIDE, LLC (PL-BOA-2024-000104) FINDINGS OF FACT, CONCLUSIONS OF LAW, AND DECISION AND ORDER TO DENY Appeal of Planning Director Declaratory Ruling Docket No. 24-0001 dated April 29, 2024, in Response to C & J Coupe Family LP Petition for Declaratory Ruling (PL-INT-2024-007028) dated February 7, 2024, and Supplement to Petition for Declaratory Ruling dated March 27, 2024, Regarding the Dedication of Mauka Haleki'I Extension, Makai Haleki'I Extension, and Connector Road to the County and a Request of Public Hearing. Location: Kealakekua, South Kona TMK: (3) 8-1-004:070 & 8-1-030:055 PARTIES PRESENT:Derek Simon,Patrick Wong(Representative for 1250 Oceanside,LLC); Kenneth Kupchak, Mark Murakami, Toren Yamamoto (Representative for C & J Coupe Family Limited Partnership); and Jean Campbell (Deputy Corporation Counsel for the Planning Department). This item was called to order at 9:43 a.m. There were approximately sixteen members of the public in attendance. [SEE YOUTUBE TIMESTAMP 17:52] Chair Lewis motioned to approve the proposed findings of fact, conclusions of law, and decision and order; Board Member Martin seconded. No discussion occurred. [SEE YOUTUBE TIMESTAMP 21:47] Chair Lewis motioned to amend in the findings of fact under item number nine (9) which states, "On October 11th, 2024, the Board heard oral arguments presentation of evidence" to include the following language, comma including exhibits comma; Board Member McNamarra seconded. No discussion occurred. An all-in favor vote was taken, and the motion passed unanimously. [SEE YOUTUBE TIMESTAMP 24:46] Chair Lewis motioned to amend the findings of fact to add number ten (10) the proposed language, "The Board found that the order addressed the questions raised by the appellant in its appeal, even if the Director did not provide the level of clarity or specifics desired by the appellant"; Board Member Martin seconded. No discussion occurred. An all-in favor vote was taken, and the motion passed unanimously. [SEE YOUTUBE TIMESTAMP 27:00] Chair Lewis motioned to amend the conclusions of law to add a new number five (5) which would state, "The Director acted within his jurisdiction, when the Director addressed the posed questions in his order"; Board Member Martin seconded. No discussion occurred. An all-in favor vote was taken, and the motion passed unanimously. [SEE YOUTUBE TIMESTAMP 30:00] Chair Lewis motioned to amend the conclusions of law to add a new number six (6) which would state, "The order correctly identified issues outside BOARD OF APPEALS Minutes of December 13, 2024 2