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Those findings of fact and conclusions of law otherwise proposed by the parties that are <br /> not 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 27, 2024, 1250 Oceanside, LLC ("Appellant," or"1250 Oceanside") <br /> filed its Petition for Declaratory Ruling, ("Petition") requesting declaratory rulings from the <br /> Director of 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 1250 Oceanside, LLC, Petitioner, <br /> Docket No. 24-0002 ("Order") in response to the Petition. <br /> 3. On May 28, 2024, Appellant filed its General Petition for Appeal of Decisions by <br /> Planning Director or Public Works Director("Appeal") with the Board of Appeals, County of <br /> Hawaii ("Board") appealing the Planning Director's issuance of the Order. 1250 Oceanside <br /> argued the following points of error: <br /> a. Planning Director failed to address eight of Appellant's requests relating to <br /> dedication requirements and construction standards in light of Ord. 96-7 and <br /> Ord. 96-8, and variances under Hawaii County Code Chapter 23. <br /> b. Planning Director erred by stating that he could not render declaratory rulings <br /> on seven requests that would require the review or affirmation of a variance <br /> granted by a prior Planning Director. <br /> c. Planning Director failed to answer four questions relating to the review and <br /> interpretation of a development agreement. <br /> 2 <br />