2024-12-13 BOARD OF APPEALS Minutes

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of the Director's jurisdiction and discretion"; Board Member McNamarra seconded. No discussion occurred. An all-in favor vote was taken, and the motion passed unanimously. [SEE YOUTUBE TIMESTAMP 31:25] Chair Lewis motioned to amend the conclusions of law to add a new number seven (7) which would state, "The order sufficiently addressed the questions raised by the appellant, even though the order did not reflect the specifics desired by the appellant"; Board Member Martin seconded. No discussion occurred. An all-in favor vote was taken, and the motion passed unanimously. [SEE YOUTUBE TIMESTAMP 32:33] Chair Lewis motioned to amend the conclusions of law to add a new number eight (8) which would state, "Appellant's argued lack of clarity and/or specifics in the Director's responses, but that did not meet the burden required for modifying or remanding the Planning Director's decision"; Vice Chair Saiki seconded. No discussion occurred. An all-in favor vote was taken, and the motion passed unanimously. Ms. Wan mentioned for clarity, the original number five (5)would become number nine (9). [SEE YOUTUBE TIMESTAMP 34:00] Chair Lewis motioned to amend the decision and order in the very last paragraph of the document, to cross out denied and replace with affirmed. It would then state, "The Planning Director's April 29th, 2024, Zendo Kern, Planning Director, County of Hawai`i's declaratory order in the matter of C & J Coupe Family Limited Partnership, petitioner docket number 24-0001 is affirmed", then the last sentence remains unchanged; Board Member McNamarra seconded. No discussion occurred. An all-in favor vote was taken, and the motion passed unanimously. [SEE YOUTUBE TIMESTAMP 36:32] Chair Lewis motioned to amend the conclusions of law, the old number five (5), which is now number nine (9)to change the word ruled to concluded; and to change the word denied to affirmed. It would then state, "Having considered the testimony and evidence provided, the Board unanimously concluded that in issuing his Order, the Planning Director Zendo Kern did not clearly err, was not arbitrary or capricious, nor did he abuse his discretion. Therefore, the Board affirmed Zendo Kern", then the rest remains unchanged; Board Member McNamarra seconded. No discussion occurred. An all-in favor vote was taken, and the motion passed unanimously. [SEE YOUTUBE TIMESTAMP 39:43] Chair Lewis motioned to approve the proposed findings of fact, conclusions of law, as amended by the subsequent amended motions. No discussion occurred. A roll-call vote was taken, and the motion passed with four ayes (Martin, Saiki, McNamarra, Lewis). This item concluded at 10:09 a.m. BOARD OF APPEALS Minutes of December 13, 2024 3