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zoning is appropriate for a particular area, why are we considering reversion back to a zoning
<br />that's not appropriate? If, you know, we approved it because we felt it was appropriate. So, then
<br />the issue becomes should we have time conditions? Should we not? Should we allow time
<br />conditions for a period of time and after that it dies and they have to come in for new conditions?
<br />So, these are kind of ideas that were brought up at the Leeward Commission.
<br />So, moving on, we're going to look now at the Planning Commission Rules regarding time
<br />extensions. So, these are similar, the Special Permit and the Use Permit, so I'm reflecting
<br />different sections, but the language is very similar. The applicant may apply to the Commission
<br />through the Planning Department for an amendment to the permit, conditions imposed. In the
<br />case of time extensions, the applicant shall file the request not less than 90 days prior to the
<br />expiration date of the time conditions setting forth the affected condition, the length of time
<br />requested, and the reasons for the request. If the Commission is not able to act on a properly
<br />filed time extension request prior to the expiration, the use granted under the Special or Use
<br />Permit may be continued, unless the Commission specifically disallows the activity during the
<br />interim period.
<br />In the case of additions, modifications or deletions of condition, or the original permit granted,
<br />the applicant shall set forth in writing the affected condition, the specific amendment requested,
<br />and the reasons for the request. The applicant shall also file a $250 filing processing fee along
<br />with the original and 20 copies of the request. The hearing and notice procedures and action
<br />shall be the same as under Sections 6-5, 6-6, and 6-8 for Special Permits; 7-4, 7-5, and 7-7 for
<br />Use Permits.
<br />So, basically, at the Leeward Commission, a question came up was this specifically says that
<br />these guys have to submit this time extension not less than 90 days prior to its expiration. So, the
<br />question is, and this happens all the time, what do we do if it comes in a year later or two years
<br />of five years? Do we just not accept it and say sorry you missed your time? Or, do we say, you
<br />know, at this point, our rules don't clearly say you cannot accept it. What we may have to do is
<br />accept it, bring it to Commission, and the Commission says you didn't submit timely, you need
<br />to resubmit a new application. Or, if the Commission feels that, you know what, this isn't that
<br />big of a deal, we can go ahead and look at it.
<br />CLARKSON: Well, a time condition is just one of many conditions. Refresh my memory.
<br />What happens when a permit holder fails to comply with the conditions of their permit?
<br />DARROW: So
<br />CLARKSON: What—any, any condition. What happens?
<br />DARROW: So, it will come up as we discuss, but basically, there is two means of consequences
<br />for—there's the consequence for an ordinance and there's a consequence for permits. So, the
<br />consequences for ordinances is just what it had mentioned that we can revert the zoning back to
<br />its original or more appropriate zoning. So, basically, you are coming in and you're saying you
<br />didn't comply. We're just going to come in and revert this. And, that happens on a—it's
<br />becoming more regular at the Land Use Commission. If you don't comply, they revert it.
<br />EXHIBIT E
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