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IV. CALVERT'S APPLICATION WAS FOR A COMMERCIAL ENTERPRISE <br /> Appellant disputes that the variance required for subdivision approval is part of a County <br /> application required by law to be obtained prior to the operation of a commercial enterprise. <br /> FIRS Section 91-13.5 defines "application for a business or development-related permit, license <br /> or approval" as follows: <br /> "...any state or county application, petition, permit, license, certificate, or any <br /> other form of a request for approval required by law to be obtained prior to the <br /> formation, operation, or expansion of a commercial or industrial enterprise, or for <br /> any permit, license, certificate, or any form of approval required under sections . <br /> 46-4,46-4.2, 46-4.5, 46-5, and chapters 183C, 205, 205A, 340A, 340B, 340E, <br /> 340F, 342B, 342C, 342D, 342E, 342F, 342G, 342H, 342I, 342J, 342L, and 342P." <br /> The testimony presented to the Board on behalf of Calvert was that the property which <br /> was the subject of the subdivision and variance application was purchased over 20 years ago. It <br /> was intended to be subdivided and to provide an income for the purchasers. The subdivision, <br /> Kahuku Country Estates Subdivision, was begun by Calvert. Calvert has applied for and <br /> received variances for subdivision of four 21-acre parcels into 8 three-acre parcels. ROA 00003. <br /> These were granted in 1989 and 1981. ROA 00011-00025, 00030-00043. The current <br /> application was for the subdivision of the same 21-acre lots unto 14 3-acre lots. It is the Board's <br /> findings that under these circumstances of the enterprise being one for profit, that it is a <br /> commercial enterprise. ROA 00449. The Board's determination on this is to be accorded <br /> deference under the case law in Hawaii. <br /> 14 <br />