2024-06-20 PL-BOA-2024-000105 1250 OCEANSIDE, LLC. vs Planning Director PL-INT-2024-007099 Record on Appeal

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P.3d at 20 ("[W]hen the terms of a contract are definite and unambiguous there is no room for interpretation.")(citation omitted). 5. Whether the express terms of the Ordinances prohibit variances under Chapter 23 for the Haleki`i Extension, Makai Haleki`i Extension, and Connector Road? No. The express terms of Ordinance No. 96-7 and Ordinance 96-8 do not prohibit variances under Chapter 23 for the Mauka Haleki`i Extension, Makai Haleki`i Extension,and Connector Road. See Wells Fargo Bank, N.A., 142 Hawai`i at 449,420 P.3d at 380 ("`The fundamental starting point of statutory interpretation is the language of the statute itself,' and `where the statutory language is unambiguous, our duty is to give effect to its plain and obvious meaning."). 6. Whether the express terms of the Development Agreement prohibit variances under Chapter 23 for the Haleki'i Extension, Makai Haleki'i Extension, and Connector Road? No. The express terms of the Development Agreement do not prohibit variances under Chapter 23 for the Mauka Haleki`i Extension,Makai Haleki`i Extension, and Connector Road. See Wong, 111 Hawai`i at 481, 143 P.3d at 20 ("[W]hen the terms of a contract are definite and unambiguous there is no room for interpretation.") (citation omitted). C. Dedication of Roadways Subject to Variances. 1. As of January 31, 2011, did Chapter 23 have provisions for granting variances? Yes. HCC § 23-14 provided then, as it does now, that: Variances from the provisions of this chapter may be granted; provided,that a variance shall not allow the introduction of a use not otherwise permitted within the district; and provided further that a variance shall not primarily effectuate relief from applicable density limitations. See Exhibit G at 3 (quoting HCC § 23-14) (emphasis added). 4862-5574-8005.3,051730-00058 -20- 24