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CARR SMITH: You're breaking up a little bit Paul. <br /> OKNER: I'm aware "- - -" conditional approval. Sorry. <br /> CARR SMITH: Could you close your camera and just speak because it seems like maybe your <br /> connection isn't— <br /> OKNER: Sure. <br /> CARR SMITH: —coming. Thank you. <br /> OKNER: I'm much more comfortable that way anyhow. <br /> CARR SMITH: Thank you. <br /> OKNER: I'm aware of Mr. Yee's recommendation that the permit be approved with conditions. <br /> But, the problem with granting a conditional approval is that this Applicant has demonstrated a <br /> long and consistent history of disregarding laws, regulations, norms as shown by the lack of <br /> multiple building permits for existing structures, actions and contraventions of the restrictive <br /> covenants governing this land and of course the accumulation of massive fines for illegal <br /> activities on the land. If the intent is to make some sort of conditional approval than it should be <br /> done the right way. Explain the perimeters. Let the applicant make the necessary changes and <br /> then reapply for a Special Permit based on assuring actual compliance with the stipulations. <br /> Otherwise, I think we could be confident that it will just be a creation of yet another hollow list <br /> of requirements that would be ignored into eternity. <br /> The Applicant makes much "- - -" historic preservation, community building and economic <br /> development and we "- - -" those objectives. The problem is these goals and outcomes are <br /> highly overstated in the application and indeed the application embodies the opposite of true <br /> community building. I think we should be clear about what this Special Permit application <br /> represents. Even in the face of ongoing opposition from neighbors and the community the <br /> Applicant has acted in blatant violation of existing laws and norms for over a decade. Racking <br /> up over a half a million dollars in fines along the way. Now, backed into a corner the Applicant <br /> is looking to this Leeward Planning Commission as a tool to help normalize and sanction this <br /> pattern of agility and to be used as a bargaining chip trying to avoid her true responsibility to the <br /> community. <br /> We believe the only reasonable course of action is for the Commission to refuse to be another <br /> pawn of this Applicant and reject this application. Thank you. <br /> CARR SMITH: Thank you very much Paul for your testimony. Commissioners anyone have <br /> questions for Paul? Alright, hearing none thank you very much Paul,please drop off the call, <br /> appreciate your testimony. Robert Watkins is next. <br /> LEY: I think Max has a question. <br /> 3 <br /> EXHIBIT A <br />