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

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to the other agricultural structures and uses. IV. PROCEDURAL HISTORY- THE DEPARTMENT OF PUBLIC WORKS HAS ISSUED AN IMPROPER DENIAL. Appellant has made every effort to work with the County to process all necessary permits for the Processing Facility. Appellant's intent has always been to do everything properly with the Processing Facility, in order to build a thriving, long-term business. In February 2022, Appellant met with the County of Hawaii Planning Department ("Planning Department") and DPW, Building and Engineering Divisions. At that time, Appellant provided DPW with the Processing Facility's construction plans. In response, DPW Engineering Division confirmed that no building permits were required for the Processing Facility and recommended that Appellant confirm with the Planning Department that the structure met the requirements of the Zoning Code for the agricultural use. The Planning Department confirmed that modular structures were a permitted use in the Agricultural zoning and that no building permit was required for the Processing Facility. The Planning Department recommended that Appellant check with DPW Building Division on the filing of a Declaration of Agricultural Building Compliance for the Processing Facility,per HRS § 46-88. DPW Building Division confirmed that the Processing Facility did not require building permits and instructed Appellant to file the Declarations of Compliance. On March 17, 2022, Appellant applied for an electrical permit for the Processing Facility, in reliance on the requirement to do so per its conversations with DPW and the Planning Department. In connection with the electrical permit,Appellant submitted construction plans that clearly identified the Processing Facility. If DPW believed then that building permits were required for the Processing Facility,then DPW should have at that time rejected the electrical permit application and required the processing of building permits. On March 24, 2022, the electrical permit was issued (PW.B2022-001249). See Ex. 9. On July 27, 2022,the electrical rough-in work passed inspection, and was completed. On August 8, 2022,the electrical underground work passed inspection, and was installed. On October 28, 2022, Appellant was issued Building Permit No. PW-B2022-003346 for the Agricultural Office Building. Ex. 5. On December 29, 2022, the final and third inspection of the electrical permit was rejected 4 4870-8058-9647.4.071717-00001