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KERN: So, the applicant would be able to use to the property based on what would be currently <br /> permitted in the zoning and then the actual proposed activity of the retreat would then be <br /> commenced after the various conditions were met. <br /> CLARKSON: Thank you. <br /> KERN: Yep. <br /> CLARKSON: Thank you. <br /> REPLOGLE: Anything further? Concerns? Okay, Commissioners I will entertain a motion for <br /> action? Is anybody home? <br /> LIN: Chair Replogle I move — <br /> REPLOGLE: Mr. Lin? <br /> LIN: I move that the application for Special Permit, Docket No. 20-000220, be approved with a <br /> condition and my condition to be recommended is that I believe the Planning Department and the <br /> County of Hawaii is providing Mr. Sussman an olive branch right, we're providing him the <br /> opportunity to fix the situation currently on this property and I believe that we shouldn't set the <br /> precedence that just because you're coming back to fix it, you'll be allowed to continue doing <br /> stuff without permits. So, for those future applications if you're in violation of an illegal <br /> structure or something such as another violation then this Special Permit be denied or <br /> reconsidered. I don't know if that's a reasonable condition, other Commissioners have any <br /> comments? <br /> REPLOGLE: So, is — <br /> HALL: We need a second first and then we can discuss. <br /> LIN: Yeah. <br /> REPLOGLE: A second? <br /> AU: Can we simplify that motion. <br /> LIN: Yes, sorry, I'll simplify it. My motion would be to approve with the condition that if a <br /> future violation either with an illegal structure or a non-permitted structure or a Planning <br /> violation that this Special Use permit be reconsidered. <br /> REPLOGLE: Second? <br /> AU: I second. <br /> REPLOGLE: Okay, it's been moved, excuse me, Planning Director Kern? Yes. <br /> 12 <br /> EXHIBIT C <br />