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standard roadway to be built. We did grant that variance, but it was accompanied by a <br /> condition that prohibited any of the lots from having ohana dwellings on them. That's <br /> because the Zoning Code says that you can't put an ohana dwelling on a lot created with <br /> a variance. So it's a standard condition of our subdivision, when we have a subdivision, <br /> a variance that creates asub When we grant a variance that is in connection with the <br /> creation of a subdivision, we put this clause in the variance just to give notice that this is <br /> one of the things that's going to happen as a result of your having the variance. <br /> After receiving the variance, possibly because of this question, 1 don't know if that's for a <br /> fact, but possibly because of this, Mr. Pack then said, wanted to withdraw, withdrew the <br /> variance request. Then, and if you ask for a variance, you get the variance, you can also <br /> decide to reject the variance. He rejected the variance. So the subdivision was built <br /> without the variance. There was no, there wasn't a variance in the building of the <br /> subdivision. Correct? <br /> PACK: Correct. <br /> YUEN: Okay. So the variance was not used to build the subdivision. The <br /> standard road was built; and hence as it stands before you, there isn't any restriction on <br /> having ohanas on the existing lots in the subdivision. <br /> And then just one more comment right now. There was a question about deferring, let <br /> me just explain what, for the Applicant as well as the Commissioners, what the results are <br /> and what the options are for the Applicant if you defer. The Code gives the Planning <br /> Commission a set amount of time to act on these rezoning applications. Because we <br /> missed our, the first time we were going to put this on the agenda, that time runs out <br /> January ls`. <br /> <br /> Now, the Applicant at that point has a choice, if the Planning Commission has not made a <br /> <br /> recommendation to the Council by that point, the Applicant can decide not to keep the <br /> application at the Planning Commission any longer and send it up to the Council. In that <br /> event it goes up, the ordinance says that it goes up with a negative recommendation from <br /> <br /> the Planning Commission. In that case, we simply report to the Council what happened <br /> <br /> at the Planning Commission and that this constitutes a negative recommendation of the <br /> Planning Commission. We also send up the Department's recommendation and proposed <br /> <br /> ordinance from the Department. <br /> <br /> The Applicant can also choose, and that's their choice, to keep it at the Planning <br /> <br /> Commission and get a recommendation, get a vote by five members of the Planning <br /> <br /> Commission, up or down. <br /> <br /> The Applicant can also, at any point after that, change their mind and still yank it up to <br /> <br /> the Council. <br /> So, and on the other hand, the Commission, a vote by less than, an affirmative vote of <br /> less than five of the Commission is a negative recommendation. So if you take a vote <br /> 13 <br /> <br />