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2004-01-30 TDoutor Coffee
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2004-01-30 TDoutor Coffee
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appear before you, who will argue for interpretations of the rules depending on whether they <br />benefit the positions of their clients or in the particular matter that's in front of you. <br />Finally, you have you own legal counsel. In this case, where the Planning Director is a party <br />to the contested case, Corporation Counsel for the Planning Commission is not Corporation <br />Counsel for the Department. In a question of a dispute over the interpretation of the rules, <br />over the rules to be followed, I need to advise you to listen and follow the direction of the <br />Corporation Counsel. If you're not sure what that direction is, please inquire until you are <br />sure. <br />In this matter, at the last meeting at the Hapuna Prince, both myself and I believe Corporation <br />Counsel advised that what Mr. Tsukazaki was trying to do is completely contrary to the rules. <br />The rules -, what he is trying to do is to amend a condition of a permit that's already been <br />granted. Rule 6-8 of the Planning Commission rules says that when you want to do that, it's <br />like a new application. You serve notice on the members of the -, serve notice on the <br />surrounding property owners, and you have a time frame, and it's like a new application. We <br />do this all the time in the Planning Department. We have lots of amendments to permits <br />granted. We're going to have one later this afternoon, we're going to have one later this <br />morning. They follow that procedure. They give notice to the surrounding property owners <br />and go ahead and do that. That's the Planning -. The Commission needs to follow the legal <br />advice that you receive and not be torn by the arguments of private counsel, or you are going <br />to get into these kinds of loops where we spend hours arguing over these things. Let remind <br />you -, let me remind you perhaps of the Kohala Woodvale hearings, where you have attorneys <br />arguing legal and procedural points for hours and hours, giving what to someone in -, to <br />anyone really would be plausible seeming arguments one way or the other. <br />Turning now to the point that Mr. Krueger made on the question of losing jurisdiction, I don't <br />have a position on that. I haven't researched that myself. It's a legal question. I would <br />suggest that you find out what Corporation Counsel thinks about it, I -, and follow whatever <br />advice Corporation Counsel gives you. I share your frustration at the timing of it, if it is <br />correct that had this been raised as a -. If this is, in fact, fatal to what is, what Mr. Tsukazaki <br />is requesting that you do on behalf of the Applicant, then it should have and could have been <br />brought up prior to the first time that we argued about this several months ago. <br />I want to turn briefly to the letter that I wrote and our ultimate, the County's, the Planning <br />Director's ultimate objection to changing the condition on the big buses, the use of the big <br />buses. Our objection is that the loading and -, when you have -, when we allow a commercial <br />operation by special permit, they should have a loading and unloading area off the main road. <br />They shouldn't utilize a main highway as a loading and unloading area for people to get on and <br />off. If we had a -, if we were zoning, if you have a zoned commercial business, a store, you <br />can't open a store where you load and unload off the main highway. You'll see stores that are <br />like this, some of them are -, most of them are grandfathered in from prezoning days. They're <br />operating the way they were operating back in the '40s and the '50s, and when we do have, <br />10 <br /> <br />
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