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2003-01-17 thilton
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2003-01-17 thilton
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hearing. And the Commission at that time granted standing to Kathleen Leonard and <br />John Peard. <br />st <br />Subsequent to that time, on November 31, the Applicant withdrew their application. <br />So today you are just accepting basically the withdrawal, and the letter has been <br />distributed to you. Are there any questions? <br />GALDONES:Commissioners, any questions of Staff? <br />KUBOTA:Mr. Chair? <br />GALDONES:Commissioner Kubota. <br />KUBOTA:Susan, we also have, we received a letter from the Intervenors <br />with some concerns. Do we take that up after the decision has been made to accept the <br />withdrawal of the application, or before we make a decision, or how do we handle this? <br />GAGORIK:You could discuss that, you know, before your decision, if you <br />wanted to, you know, as part of any discussion that you may have regarding the <br />application. So it can be discussed before, you know, your formal withdrawal, if you <br />choose. <br />YUEN:Let me just say though that if the Intervenor wants the <br />Department to treat this as a complaint, then we can do so; and I'll assign it to our <br />investigator to look at it as any other complaint of a potential zoning violation. Then <br />that would not -, from that point on, it would not involve the Commission. <br />KUBOTA:So you're suggestion is that we determine whether we accept the <br />withdrawal first and then handle it as a complaint, as a separate issue or together? <br />YUEN:Well, I think you have to listen to the Intervenor and anybody <br />who has come to testify on the, I mean to the Applicant and anybody else who has <br />come to testify on the matter before you accept their withdrawal. <br />KUBOTA:I see. <br />YUEN:You really don't have any choice but to accept their withdr <br />in the end. Because if they don't want to apply for the special permit, they don't have <br />to, and to continue. What I'm -, all I'm saying is that when all is said and done, if the <br />person that wrote this letter complaining that there are structures that are illegal, if they <br />want the Department to treat that as a complaint, then the Department will. We'll <br />assign it to our investigator who looks into these things. It doesn't directly involve this <br />group of people sitting here any more after that. It's simply some, it's handled by the <br />Planning Department. <br />2 <br /> <br />
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