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consider it with all the ramifications. The big picture, zoning is the big picture. If we say okay <br />we can do this specific use and we approve this, right, then it€s like the zoning is almost a done- <br />deal. Because if you don€t do it then you€re contradicting yourself, you know, and all of that is <br />going to come up to us. But the considerations are not all the same. The condition I would put <br />on this would be as long as the Community Development Plan, as amended, allows for this <br />project, fine, do it, right, but do the Community Development Plan first. We have the legal <br />authority to do that; it just needs to be done. And I understand that under present Department <br />resources you really, you know, can€t do it. The Department can€t do it, but maybe there€s other <br />ways to do it. And that is my comment. If the applicant wants to respond to it, I€d be happy to <br />hear. <br />ALAMEDA:All right, Mr. Tsukazaki, you€re free to respond, or you don€t need to <br />respond. It€s up to you. <br />TSUKAZAKI:IthinkIunderstandthepointbeingmade.And,youknow,without <br />knowing whether the Community Development Plan will be amended, you know, in the near <br />future, it€s really difficult for me to say anything. <br />ALAMEDA:Okay. Thank you. And it also sounds like little bit we€re going to kind of <br />our discussion, too. So I wanted to ask if there€s any other questions for the applicants or Mr. <br />Tsukazaki that we could ask them at this time before we ask him to be seated. We do have a <br />testifier. Seeing none, you may be seated. Thank you. Will David Kimo Frankel please come <br />forward. By the way, good middle name. I like that name. <br />FRANKEL:Good morning. <br />ALAMEDA:Good morning. Let me swear you in. Will you please raise your right <br />hand. <br />FRANKEL:All right. <br />ALAMEDA:Okay. This is just protocol. Do you swear or affirm to tell the truth now <br />before the Hawaii County Planning Commission? <br />FRANKEL:Sure. <br />ALAMEDA:All right. Could you please state your name and address for the record. <br />FRANKEL:My name is David Frankel. I live on Laukapu Street; but that€s the <br />Laukapu Street in Volcano, not the one down here. <br />ALAMEDA:Okay. <br />FRANKEL:I don€t really have any interest in this particular proposal, although my son <br />would like to see as much Big Island Candy as possible. But I do want to point out something <br />that I think that Ivan needs to look at, and based on comments on both what Chris and Norman <br />made that I don€t think accurately reflect the law. And that is there is a Hawaii Supreme Court <br />27EXHIBIT C <br /> <br />