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KERN: Yes, Maija. <br />COTTLE: I think all of the seven or eight special permits that were approved along the <br />Highway in this area, the one big difference between them and this request is they were all <br />approved prior to the adoption of the Puna CDP. <br />DOMINGO: That -. Mr. Chairman? <br />KERN: Yes. <br />DOMINGO: You know, that is my primary concern. Had there not been any formal action <br />taken by the community and the County Council with regards to adopting a development plan for <br />the district, you know, I’d certainly find that this use as described is appropriate, an appropriate <br />one. I can find my way in saying yes. But now that we have, especially this Commission, we <br />pledged to uphold the community development plan, we made recommendations to the Council <br />for its adoption. And that’s where I’m between these issues in trying to find how such a use like <br />this can be justified in an area which is contrary to what the community development plan says. <br />But, you know, let’s go on with the hearing and see what happens, and we’ll take it from there. <br />MELROSE: Let me just kind of respond briefly to that. <br />KERN: Yes, please. <br />MELROSE: I mean I think, one is I’m, you know, there has been kind of a continual effort since <br />the adoption of the Puna CDP to, I don’t know what the word is, correct it, improve it, enhance <br />it, fill it in, do something that would make it a more representative plan or address some of the <br />issues that weren’t done when we first adopted it. So I understand its standing and I also <br />understand that it’s a document in motion. And I also, you know, know that this Commission <br />has really wrestled with this with another circumstance -- in Hawaiian Paradise Park recently a <br />small, you know, convenience store well outside of the designation area. But I think you made a <br />good judgment based on what it is you saw that circumstance to provide you. And that’s what <br />the Commission’s role is, is to take a look and understand what is the practical side of this, as <br />opposed to the strict application of the plan. So, I mean, that’s the discretion that the <br />Commission is, you know, granted. So I think there are multiple examples of that struggle <br />having been wrestled with you before; and this is just another one of those opportunities. So -. <br />DOMINGO: Mr. Chairman? <br />KERN: Yes, Commissioner Domingo. <br />DOMINGO: Is there anyone here this morning who had endorsed, anyone here who is a <br />bonafide representative from the community, any member of the action committee, or anyone <br />who sits with authority to make some kind of remarks with regards to support or to deny this <br />recommendation? Would you know of anyone who is here who’d be able to do that today? <br />Because I’d like to know. You know, they’re the ones, those individuals to which I refer to are <br />the ones who are key in formulating the plan. <br />MELROSE: I don’t know. We didn’t bring that -. <br />KERN: Yeah, I’m not sure how that protocol works. Maybe we could ask staff as to how that <br />works. <br />8 <br />EXHIBIT A <br /> <br />