2023-02-10 I'o Processing Company - BOA General Petition for Appeal 4870-8058-9647 v.4

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HRS §46-88(c) Criterion I'o Processing Structures "No electrical power and no plumbing Appellant applied for and was issued an electrical permit systems shall be connected to the for the Processing Facility. No plumbing permit is building or the structure without first required for the Processing Facility,as it is above ground obtaining the appropriate county and prefabricated into the structure. No electrical or electrical or plumbing permit." Id.at plumbing is required for the Agricultural Office and (c)(8) Covered Work Area. In summary,the structures at issue squarely meet both: (1)the definition of an "agricultural building" in HRS § 46-88(d); and(2)the relevant criteria for an "agricultural building" in HRS § 46-88(c). Therefore, they are "agricultural buildings"within the meaning of HRS § 46-88 and Appellant has the right to the exemptions therein. To the extent that the DPW made any contrary factual determination, that determination is clearly erroneous and an abuse of discretion. C. DPW's Refusal to Consider the Exemptions and Approvals Set Forth in HRS § 46-88(a) and/or (b) is Violation of Law, Clear Error, and an Abuse of Discretion. As set forth above in Sections VI(a) and (b), DPW's Denial was improper because DPW failed to consider the exemptions from the building code process for"agricultural buildings," as is statutorily required by HRS § 46-88. Specifically,with respect to each of the Processing Facility, the Agricultural Office, and the Covered Work Area, DPW erred in failing to consider the applicability of the exemptions and special approvals set forth in HRS § 46-88(a) and(b), and in failing to determine that the Processing Facility met the criteria for either or both. DPW's failure to do so constitutes clear error an abuse of discretion, and a violation of law. VII. CONCLUSION AND REQUEST FOR REVERSAL. Based on the foregoing, as well as the arguments and evidence to be presented at a hearing on this appeal, the Board should reverse the Director's Determination and approve the Declarations. 11 4870-8058-9647.4.071717-00001