2007-02-02 TKOOB - Laserfiche WebLink

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piece of property that, you know, the unit has to occupy a piece of ground. Where we’re going, we want to have a discussion and actually give a, we’ve had discussions with Kalani Kai in the office. You’ve seen the letters that we’ve sent. We thought that it would be useful to have a discussion with the Commission. We’re not asking for, I think that the formal action of the Department would take, if we go to a more formal level there are a couple of different things that can happen. One is the Department could issue an actual citation that this does not comply with the special permit. They have the opportunity to contest the citation before the Board of Appeals, and ultimately in court. The other, they could petition the Department for a Declaratory Ruling that what they are doing is in compliance with the terms of the special permit. That would be a decision that the Director would make; and the Declaratory Ruling is appealable by them to court. Another possibility is that the applicant can come forward with an amendment to the special permit that lays out more, to our point of view, more accurately what they’re actually trying to do with the property; and let the Commission decide whether a special permit should be issued for that. GRAHAM: Thank you, Mr. Yuen. I know a lot of us probably stirred up a lot of things in our heads of interest in regards to what you just said and all.But as much as possible I’d like to probably get the applicants involved in the discussion to help hold things down for us before we ask too many questions. Anybody have anything else on this matter at this moment before I bring up the applicant? Could you folks come forward now, please. Could I swear the four of you in here. If you would please raise your right hand. And I’ll ask you, do you swear or affirm to tell the truth on this matter before the Planning Commission today? PARTIES: I do. GRAHAM: Thank you. Before you all speak, we’d appreciate it if you would begin your presentation with your name and address. And I think the first thing I’d like to ask is if the nature of how we’re doing this here today with this sort of an informal discussion of the issue, if that’s acceptable and okay for us to proceed this way before we just continue? STRAUSS: Yes. NOMURA: Microphone. STRAUSS: I’m sorry. GRAHAM: And give you name and address, please. STRAUSS: I’m Steven Strauss. I’m an attorney along with my associate, Christopher Schlueter, both of 165 Keawe Street, 201 here in Hilo. And I represent the applicant, Richard Koob, who’s sitting to my left; and he can provide you his address. And Mr. Squassoni, Paul Squassoni, is here to present information in the form of testimony, if you will, about his perspective as a potential member of the company that’s set up to establish the 13 units. EXHIBIT C 5