2019-08-01 Hearing Transcript - Admin Matters #2

Home

applicant come back to the Commission and request for the extension so that they can speak directly to how they are going to finish this project if they haven't even started. CLARKSON: For project specific permits, which all of these are, my feeling would be give them plenty of time to get to some kind of milestone that marks the completion of whatever they were proposing. Plenty of time so that there is no need for administrative extensions. They've got time to go get their financing. They've got time to get their Building Permit. They've got time to build it, and whatever that marker was that was set up in the beginning, if that's not reached by that time, it's all over. The permit is void. They gotta start all over again. That's my feeling for project specific permits. DARROW: And, I believe that's the direction of the Leeward Planning Commission, too. I think that's what they want to see, is they want to see a specific expiration date the permit becomes void, and it's just, we change our rules to make that happen. We don't have to go through another process where we bring `em in and void the permit. It's just clearly stated as a condition in the permit. At that point, yes, they would have, they wouldn't come in with a time extension. So, that's the question, right? So, let's say it's, you give them ten years to do this project. Nine years, nine months they come in a with a time extension. Do we say okay? Or do we say nope, you gotta come in with a new permit. CLARKSON: Exactly, they gotta come in with a new permit. DARROW: Okay. CLARKSON: There's no extension period DARROW: Beyond that time. CLARKSON: They gotta come in with their final. They gotta come in with their certificate of occupancy. They gotta come in with some document from some agency that says originally that was part of the permit. You gotta come in by this time with this document or your permit is void. HALL: I would just caution on thein the law, basically, there is the rule of like, you know, if you have substantial commencement, taking away entitlements can get tricky. So, I would say a more case-by-case basis on that situation. If you come in at nine years or whatever, we still, I think you still have to look at how much of the project they have completed. Like you said, if they're half way done or even, you know, 90 percent done, and they just can't get that CO because, you know, the floor that they put in is peeling or something. You know, I think we have to really look at—it's really hard to do like one rule for everything. I feel like there really needs to be project—for project specific permits, there kind of needs to be a project, like a case- by-case basis basically. So, that's all I would caution the Commission on is if we try to put everybody in the same box. Not everybody is going to fit, and we may run into problems where, EXHIBIT D 9