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COUNTY OF HAW ' :=i' STATE OF HAWAII <br />BILL NO. 211 <br />" y9 <br />(Draft 3) <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] -Ttig proposed amendments[,] <br />will establish a more effective appeals system [can be established] while preserving the right to <br />appeal and a hearing [which is in accordance with] under Chapter 91, Hawaii Revised Statutes, <br />Administrative Procedures. Thug amendments will eliminate the existing conflict with Section <br />5-4.3 and Section 5-6.3 of the County Charter relating to the Planning Commission and the <br />Board of Appeals[, respectively, which states in part "The board shall hear and determine <br />appeals from the actions of the planning director and planning commission. "L <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 />