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FINDINGS OF FACT <br />A. Procedural History <br />On May 1, 2025, Appellant submitted a General Petition for Appeal of Decisions <br />by Planning Director or Public Works Director to the Board of Appeals, County of Hawai'i <br />("Board") appealing the Planning Director's Special Management Area exemption determination <br />and a related building permit issued by the Public Works Director. Appellant amended the <br />Petition to separate the Planning Director and Public Works Director appeals. <br />2. The Planning Director filed the Record on Appeal on June 16, 2025, to which <br />Appellant objected on June 24, 2025. <br />By Order Granting Continuance of Hearing dated July 21, 2025, the hearing date <br />was continued from September 12, 2025, to November 13, 2025, at the request of the Planning <br />Director. <br />4. Following a pre -hearing conference held on September 30, 2025, Appellant and <br />the Planning Director both prepared for the scheduled November hearing by filing their <br />respective Exhibit Lists, Witness Lists, Briefs and Legal Memorandums in accordance with the <br />BOA's Scheduling Order dated September 30, 2025. <br />5. The November 13, 2025, BOA hearing was cancelled due to lack of quorum and <br />the hearing was continued until January 9, 2026, by notice dated November 12, 2025. <br />6. On December 29, 2025, the BOA staff reminded the Appellant of the need to send <br />and file proof of the BOA Rule 8-11(d) required notice to surrounding property owners. <br />7. On January 2, 2026, Appellant filed a Second Amended Petition, to which the <br />Planning Director objected on January 5, 2026. <br />S. By Order for Continuance and Amended Scheduling Order dated January 6, 2026, <br />the Board Chairperson allowed the filing of the Second Amended Petition and continued the <br />2 <br />