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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 he granted by the Planning Director upon the following <br /> circumstances. <br /> I. 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 Plan <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 /> 5. 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-year 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 />