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Variances Under Chapter 23. Coupe has asserted various allegations regarding the scope <br /> and effect of the Variance. Accordingly, Petitioner requests declaratory rulings from the <br /> Planning Director on the following: <br /> 1. As of January 31, 2011, did Chapter 23 have provisions for granting variances? <br /> 2. As of January 31, 2011, did the provisions for granting variances under Chapter 23 <br /> allow for variances from Sections 23-86 and 23-95 of the Hawai`i County Code? <br /> 3. Can a roadway subject to a properly granted variance from Sections 23-86 and 23-95 of <br /> the Hawai`i County Code be in full compliance with Chapter 23? <br /> 4. If a roadway subject to a variance is otherwise in full compliance with Chapter 23, can <br /> the County accept dedication of the roadway under Section 23-10 of the Hawai`i County <br /> Code? <br /> 5. Can a roadway subject to a variance from Sections 23-86 and 23-95 of the Hawai`i <br /> ('aunty Code be dedicated under Section 23-10 of the Hawai`i County Code? <br /> Variance Applications. Coupe has asserted various allegations regarding notice and other <br /> requirements for variance applications. Accordingly, Petitioner requests declaratory rulings from <br /> the Planning Director on the following: <br /> 1. As ofJanuary 31, 2011, did Section 23-1- a of the Hawaii County Code allow for <br /> notice of a variance application to he served hr mail on owners of interests in properties <br /> within 300 feet of the perimeter boundary of the applicant's property? <br /> 2. As ofJanuary 31, 2011, did Section 23-17(a)of the Hawai`i County Code allow for proof <br /> of an applicant's service or good faith efforts to serve notice of a variance application on <br /> neighboring property owners to be provided in the form of an affidavit? <br /> 3. As of January 31, 2011, did Chapter 23 or any other statute, ordinance, rule, or order <br /> within the Planning Director's jurisdiction require notice of a variance application to be <br /> served on neighboring property owners other than as provided in Section 23-17(a)of the <br /> Hawai'i County Code? <br /> 4. As of January 31, 2011, did Chapter 23 allow for any person aggrieved by the decision of <br /> the Planning Director in the administration of Chapter 23 to file an appeal with the <br /> Hawai`i County Board of Appeals within thirty days of the Planning Director's written <br /> decision? <br /> 5. As of January 31, 2011, did Chapter 23 or any other statute, ordinance, rule, or order <br /> within the Planning Director's jurisdiction authorize an appeal of the Planning <br /> 4862-5574-8005.3.051730-00058 -14- <br /> 18 <br />