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contested case because the contested portions would have been modified in the application; and, therefore, we would feel wed have adequate protection, and that would be to what was approved as part of the permit, because that was what is in the application. Would that possibly, Mr. Torigoe, Madam Chair and Mr.Yuen, be a more, a way to facilitate this matter? SPRINGER:Mr. Fuke? FUKE:Sure. In that regard, Madam Chair, on behalf of the applicant, you know, we would stipulate that the recommended conditions that the Association put forth this morning th are acceptable to the applicant. I would also like to note that in the letter dated April 14, you know, from my office to the Planning Department, I did officially acknowledge that the fast food component, the gas station and the automobile repair and service components would be deleted from this application. You know, theyre not a consideration, but -. So this is just to kind of formalize what the understanding with the Association was. SPRINGER:Thank you, Mr. Fuke. FUKE:So with those understandings, you know, we have no objection in proceeding on aquasi-contested case manner. SPRINGER:Thank you, Mr. Fuke. Mr. Torigoe, do you gave a response for this -? TORIGOE:Well, I thinkthat the applicant could agree to accept those conditions and incorporate them in his request. But that doesnt guarantee that the Commission is going to adopt them. And, so, you know if you relinquish your contested casestanding at this point, then as Mr., as the Director has stated, you know, that hurts your ability; and our position would be it would remove your ability to take an appeal to court after that. So you need to keep that in mind. SPRINGER:Mr. Torigoe, if the applicant agreed to amending their conditions to reflect the discussion that weve had so far, could not the Community Association stay in the discussion asaparty? TORIGOE:Sure.Theycouldstayinthediscussionasapartyatthispoint,and preserve their right to appeal, if necessary. SPRINGER:Do any other of the parties have comments on the proposed procedure at this time? Commissioners, do you have any questions for any of the parties or Mr. Torigoe? And as I understand it, were going to proceed with an informal, yet contested case. Its an informal proceeding but we are still in a contested case? TORIGOE:Thats correct. And, technically, all of these applications in which you make final decisions would be considered contested cases anyway 11 EXHIBIT A