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2007-01-19 twaikoloadevco
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2007-01-19 twaikoloadevco
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sound stock to you, but that’s about all I can say to support that this company does continue to <br />have those intentions and is still around to have those intentions. <br />GRAHAM: All right, thank you. Do we have any other questions from the <br />Commissioners? Commissioner Watanabe? <br />WATANABE: I’m glad you pointed that out. I don’t know if you could answer this <br />question; I’m not even sure if it’s a fair question. But, you know, other developers that had <br />issues, you know, fell delinquent in their property taxes, etc.? Is that the situation with Elleair, or <br />are they to your knowledge current? <br />W. YUEN: To my knowledge, they are current. <br />WATANABE: Thank you. <br />GRAHAM: Are there any other questions? Mr. Torigoe, could I ask you for some <br />sense on a time extension request like this? What, from the legal frame work, what we as <br />Commissioners should consider as necessary to grant it, or what we as Commissioners should <br />consider as perhaps adequate or sufficient to choose to not grant it? What are the laws of criteria <br />we should be using? <br />TORIGOE: Thank you, Mr. Chairman. Real generally, your Rule 9-11, G. 1. basically <br />says that when a time extension request is made, the applicant shall set forth in writing the length <br />of time requested and the reasons for the time extension. And the notice and hearing are <br />basically the same as when you have an initial request for an SMA Permit. So the way the <br />Planning Director has basically set it out is whether the request isn’t semi contrary to the General <br />Plan or the Zoning Code or the original reasons for the granting of the Special Permit No. 25. As <br />you’ve noted, the Permit was granted in the first place. So basically you are looking at whether <br />something has changed that would weigh against allowing the extension to allow the Permit to <br />be paid out as it was originally intended. And bearing in mind the guidelines are set forth in <br />HRS 205A-26, and that the purpose of the SMA Permit and the criteria of the Permit are <br />basically environmental in nature so -. And of course each case has to be taken on its own <br />merits. I don’t know if the Staff would have anything to add to that. <br />GRAHAM: Jeff or Norman, do you have anything to add to that or -? Commissioner <br />Watanabe? <br />WATANABE: I have a comment, but you know our Rules preclude Commissioners from <br />testifying, so I would prefer to make the comment when we are in deliberation, rather than -. But <br />it lends to this extended time period that we are talking about. <br />GRAHAM: Okay. Yes, Commissioner McCall? <br />MCCALL: I have a question I believe to the applicant just about the integrated golf <br />course management plan that the Director is recommending and you have accepted. On the <br />previous golf courses that were put together, is it the same owners that put the first golf courses <br />together? <br />EXHIBIT C <br />5 <br /> <br />
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