2004-10-22 TDOUTOR - Laserfiche WebLink

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Order Granting Appellants Dean Yokoyama and Kulana Huli Honuas Appeal from the County of Hawaii Planning Commissions Findings of Fact, Conclusions of Law and Decision and Order dated August 19, 2003 in SPP 02-010. Special Permit No. 1215 allowed public tours of the existing coffee farm, proposed retail sales of non-agricultural products and related parking area on approximately 12 acres of a 28.47-lot situated within the State Land Use Agricultural District. Norman, is there a synopsis to this? HAYASHI:Well just defer to Corp. Counsel. GALDONES:Counsel? Mr. Torigoe? TORIGOE:Okay, thank you, Mr. Chairman. I just want to start up by orienting you procedurally. This is not a continuation of the Contested Case that was concluded a while ago, and this matter went to the Circuit Court. Youve received a copy of the Circuit Courts decision datedSeptember23,2004(SEEEXHIBITA)and,so,allweretalkingabouttodayiswhether, you know, if you want to discuss any of the effects of this decision and whether an appeal needs to be filed on behalf of the Commission. I understand that Doutor Coffee intends to file an appeal, I see Mr. Tsukazaki is here today. But, again, this is not a continuation of the Contested Case. So, Mr. Tsukazaki, if hes going to speak would be just to speak to us as a matter of public testimony, as well as, I assume the other parties as well. So, you have the decision and if youre open to any questions regarding the effect of it, if you want to go into executive session to discuss any of that, we can do that as well, which is probably advisable if were going to be talking about whether to appeal the matter. GALDONES:Mr. Torigoe, in reference to Mr. Tsukazakis letter that was submitted to the Commissioners, how are we to handle this communication? TORIGOE:I guess that would just be written testimony on this agenda item, so receive it as public written testimony on this agenda item. GALDONES:Do we -? Being that Mr. Tsukazaki is here, Ill allow him to explain the letter that he has circulated to us? TORIGOE:You can do that. And, again, its a matter of public testimony. GALDONES:Okay. Commissioners, any question of Mr. Torigoe? Hearing none, in reference to a letter from Mr. Tsukazaki, Mr. Tsukazaki, do you wish to make a statement on the letter? TSUKAZAKI:Yes. Ill try and be brief. Again, Ben Tsukazaki, representing Doutor Coffee Hawaii. GALDONES:Oh, Mr. Tsukazaki, could I swear you in first? TSUKAZAKI:Sure. 2