HomeMy WebLinkAbout2024-05-30 PL-BOA-2024-000105 Ack Ltr ' ,rE•OFM�'�
County of Hawaii
BOARD OF APPEALS
Aupuni Center • 101 Pauahi Street, Suite 3 • Hilo,Hawai`i 96720
(808)961-8288 • Fax(808)961-8742
May 30, 2024
Derek B. Simon
Carlsmith Ball LLP
1001 Bishop Street, Suite 2100
Honolulu, HI 96813
Dear Derek Simon:
Request: Appeal of Planning Director Declaratory Ruling Docket No. 24-0002 dated
April 29,2024,in Response to 1250 Oceanside LLC Petition for Declaratory
Ruling (INT-2024-007099) dated February 28,2024,Regarding Planning
Director Not Ruling Upon Certain Requests, and Related to the Dedication of
Mauka Haleki`i Extension,Makai Haleki`i Extension, and Connector Road.
Reference: PL-BOA-2024-000105
Appellant: 1250 Oceanside,LLC
Location: Kealakekua, South Kona
TMK: (3) 8-1-004:070 & 8-1-030:055
This is to acknowledge receipt of the above-referenced petition received on May 28, 2024.
According to the Board of Appeals Rules of Practice and Procedure Rule 6-1(b), the Board shall
either deny the petition for declaratory ruling, issue a declaratory order on the matter, or set the
matter for a hearing within one hundred twenty (120) days from the date the petition is properly
filed. The Board shall then act on the petition within a period of ninety (90) days after the close
of the hearing. The Board will consider your petition at the Board's hearing on Friday,August 9,
2024, at 9:30 a.m. in the West Hawai`i Civic Center, Community Center, Building G, 74-5044
Ane Keohokalole Highway, Kailua-Kona, Hawai'i.
Board of Appeals Rules of Practice and Procedure section 8-11(d) requires notification of your
petition to all property owners within 500 feet of the affected property. You must notify the
surrounding properties not less than twenty (20) days prior to the hearing date, and proof of your
notification shall be filed with the Board prior to the date of the hearing.
Hawai`i County is an Equal Opportunity Provider and Employer
Derek Simon
Page 2 of 2
May 30, 2024
Please review the Board's Rule 3-13(g) regarding submission of exhibits to the Board. As an
Appellant, additional exhibits shall be submitted no later than thirty (30) days following the filing
of a complete appeal. Your petition to appeal was filed on May 28, 2024. Further, responding
parties have ten (10) days after filings to provide exhibits in response.
Please note that all correspondence sent to the Board of Appeals should also be sent to all parties,
which include the landowners, appellant, and the Director (appellee). Rules 2-6 and 8-8 direct
you to the requirements regarding service of documents to all required parties. We
recommend that you review these rules to confirm that you have fulfilled their requirements.
The Board of Appeal's Rules of Practice and Procedure are available to view online at:
https://records.hawaiicounty.gov/weblink/1/doc/34351/Page 1.aspx.
Should you have any questions,please feel free to contact the staff to the Board at
boardofappeals@hawaiicounty.gov.
Sincerely,
1
0 1
f61(Cathy Lewis, Chair
Board of Appeals
cc: Board of Appeals
Planning Director
BOA Corporation Counsel— Sylvia Wan, Esq.
Department Corporation Counsel—Jean Campbell, Esp.
AD
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