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- . - -11 1 0, 1 1 0 4 112AL 4-11-VA>1 <br />COUNTY O HAWAII ST'A'TE OF HAWAII <br />BILL NO. 211 <br />ORDINANCE NO. <br />AN ORDINANCE TO INITIATE A,CHARTER AMENDMENT OF THE HAWAII <br />COUNTY CHARTER (1991), RELATING TO THE PLANNING DIRECTOR, PLANNING <br />COMMISSION AND BOARD OF APPEALS. <br />BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: <br />SECTION 1. Intent and Purpose. The current structure of appeals to agency actions in <br />the County of Hawaii is duplicative and conflicting. With the proposed amendments, a more <br />effective appeals system can be established while preserving the right to appeal and a hearing, <br />which is in accordance with Chapter 91, Hawaii Revised Statutes, Administrative Procedures. <br />The amendments will eliminate the existing conflict with Section 5-4.3 and Section 5-6.3 of the <br />County Charter relating to the Planning Commission and the Board of Appeals, respectively, <br />which states in part "The board shall hear and determine appeals from the actions of the <br />planning director and planning commission. " <br />The amendments to the Charter would accomplish the following substantive changes: <br />1. The Planning Commission is eliminated from the variance and special exception <br />appeals process. Because variances are, by Charter, a discretionary action <br />decided by the Planning Director, the appeal should be made to the Board of <br />Appeals, where an agency hearing could then be held. <br />2. The Board of Appeals is eliminated as the appellate body for quasi-judicial <br />decisions made by the Planning Commission. The Charter and the County Code <br />intend that the Planning Commission should be the final decision-making agency <br />