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In response to Commissioner TogashiÓs inquiry, Mrs. Hodson said that the spokeswoman <br />and organizer of the opposition said there was nothing the applicants could do that they <br />would agree to, noting they did propose fewer events and smaller number of vehicles. <br />She said they decided to withdraw the application as they felt if they were to go through <br />all the expenses that the Commission would probably not grant the permit. <br />Charles Bockus representing his parents, Marion and Nelson Bockus who live directly <br />across from the Hodsons, supported the withdrawal. He said, however, that the <br />withdrawal should be on the basis of the opposition of all of the neighbors and, also, on <br />the basis of the existing covenants and restrictions of the association. He stated this was <br />a good plan, but it is in the wrong place. He felt the Commission should consider the <br />covenants and restrictions of the association in making its decision. <br />Mrs. Hodson, said the CC&Rs have been broken by at least three businesses, two in the <br />past and one in the present; therefore, she felt her situation was selective enforcement. <br />She noted her attorney felt they could prevail in court; however, they were too old to deal <br />with the animosity so close to home. <br />With a heavy heart, Commissioner Kubota moved that the Commissio <br />withdrawal of the application. It was seconded by Commissioner Fujikawa. Motion was <br />unanimously carried by a voice vote of all Commissioners in attendance. <br />Mr. Arai noted that the Department will refund the $100 filing fee to the intervenors <br />requesting a contested case. <br />SLU BOUNDARYThe Commission took this item up at 9:34 a.m. with <br />AMENDMENT ANDapproximately 13 people from the public in attendan <br />CHANGE OF ZONE <br />PUAÒA <br />DEVELOPMENT, LLC <br />ST <br />PUAÒA 1, <br />NORTH KONA <br />APPLICANT: PUAÒA DEVELOPMENT, LLC (SLU 02-012/REZ 02-022) - <br />Applications for a State Land Use Boundary Amendment from Agricultural to Urban and <br />a Change of Zone by changing the district classification from Agricultural (A-5a) to <br />Multiple Family Residential (RM-2.5) for approximately 9.262 acr <br />property is bordered between Queen KaÒahumanu Highway Extension and Hualalai <br />Road, adjacent and south of The Pines residential development an <br />University of Nations condominium site, and approximately 300 feet south of the <br />Hualalai Road-Nani Kailua Drive intersection, PuaÒa 1st, North Kona, HawaiÒi, <br />TMK: 7-5-10:61. <br />(SEE EXHIBIT B) <br />3 <br /> <br />