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This has and will continue to be complied with by the Applicant and/or its <br />successors or assigns. <br />T. An initial extension of time for the performance of conditions within the <br />ordinance may be granted by the Planning Director upon the following <br />circumstances: <br />1. The non-performance is the result of conditions that could not have been <br />foreseen or are beyond the control of the applicant, successors or assigns, <br />and that are not the result of their fault or negligence. <br />2. Granting of *the time extension would not be contrary to the General Flan <br />or Zoning Code. <br />3. Granting of the time extension would not be contrary to the original <br />reasons for the granting of the change of zone. <br />4. The time. extension granted shall be for a period not to exceed the period <br />originally granted for performance (i.e., a condition to be performed <br />within one year may be extended for up to one additional year). <br />S. If the applicant should require an additional extension of time, the <br />Planning Director -shall submit the applicant's request to the County <br />Council for appropriate action. <br />Although the Plan Approval and building permit were approved and limited <br />site work was done within the 5 -year window, the Applicant regrettably did <br />not apply for the additional 5 -yeas administrative extension. Further, even if <br />such an extension were granted, the project completion would still not have <br />met the March 2020 deadline. <br />As such, the Applicant is requesting a 5 -year administrative extension, <br />retroactive to March 2015 to March 2020 and concurrently, a rezoning time <br />extension of 5 -years, with the prospects of an additional administrative <br />extension. <br />V. JUSTIFICATION OF REQUEST <br />Condition T of the rezoning ordinance (Ordinance No. 107 19) outlined three (3) <br />circumstances whereby the Planning Director could consider an initial time extension <br />request. These circumstances presumably also apply to an extension to be considered <br />by the County Council, with the recommendations of the Planning Director and the <br />Windward Planning Commission. As such, these circumstances and their <br />justification follow. <br />A. The non-performance is the result of conditions that could not have been <br />foreseen or are beyond the control of the applicant, its successors or assigns, <br />and that are not the result of their fault or negligence. <br />7 <br />