2005-05-12 TYAMADA - Laserfiche WebLink

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TORIGOE:Yeah, itsa little bit, I dont know, out of order, I suppose to try and work up a package of conditions before you actually vote on the matter. I think that would be something that you could do informally just by way of deliberation, you know, as youre discussing this matter on the record, to discuss among yourselves what kinds of conditions you think would be appropriate. Bear in mind also in all of this that at this point the Planning Director is a party also and will be a party, and if theres a formal contested case will be down functioning as a party at the party table; and the Planning Director will have some input along the way as well. SPRINGER:Mr. Torigoe, should we treat Mr. Yuen as a party at this point? TORIGOE:Well, again, this is a matter of, its a little bit strange because we have a conditional withdrawal on the table. The parties, basically, I think, should be consulted as to howtheywouldliketohavethishandledfortoday. SPRINGER:Okay.Letsdothatnext.Ifwecouldhearfromthepartiesthen,starting with the applicant, and followed by the Planning Director, and then the Community Association, please. Mr. Fuke? FUKE:Yes, sure. Madam Chair, on behalf of the applicant we would not mind having the Commission go through like a modified contested case hearing as suggested by your legal counsel. SPRINGER:Thank you. Mr. Yuen? YUEN:The request here for modification, withdrawal if certain conditions are met, the Commission can only go so far with that. The applicant can withdraw their request for certain parts of their permit. If the applicant says we no longer are requesting a gas station under the special permit, then the Commission cant give them a gas station. So that part is under the applicants control. When people come in for special permit, theyre asking for a particular use. So that part is under their control, and they can sit here and they can say were withdrawing the gas station. Or if they come in with a video rental store, they could say, well, were withdrawing the video rental store. And so we can do that right now. The request that the Commission agree in advance that they will put certain conditions on like payment of fees to the Orchidland Community Association, the Commission cant do that now. The Commission cant do that until its about to vote on the permit. And at that point, and they cant be about to vote on the permit until it has, it hears all the testimony, it asks all the questions, it closes the hearing, and it starts to make its deliberations. So it cant sit here and say, well, we agree that if we do approve this permit, we will put these conditions on it. That puts the Community Association in a little bit of a dilemma about what to do at this point. Now the applicant can contractually agree with the Community Association that they will do certain things. They can make a private contract to do that. But the Commission sitting here 9 EXHIBIT A