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2009-06-05 TDOLENA
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2009-06-05 TDOLENA
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th <br />IWASHITA: The notary date is May 28. <br /> <br />th <br />LYMAN: ThatÓs correct, the 27. <br /> <br />IWASHITA: Okay. Did you, when did you get the notice of this, the first notice of this <br />application? <br /> <br />th <br />LYMAN: On the 27. There had been a previous notice for I think it was over a <br />year ago but then the hearing wasnÓt held. <br /> <br />IWASHITA: IÓm sorry? <br /> <br />LYMAN: I had received a previous notice I believe over a year ago for something <br />related to this application, but it was never, the hearing was never held. <br /> <br />IWASHITA: Not for this particular hearing? <br /> <br />LYMAN: Not for this particular special permit. <br /> <br />IWASHITA: Okay. But you were aware of this application a year ago? <br /> <br />LYMAN: I was aware that the, actually this gets into the history, that the Planning <br />Department issued a cease and desist order in January of 2006 and had turned down a use permit <br />application for this property. <br /> <br />IWASHITA: ThatÓs before the current owner? <br /> <br />LYMAN: Same owner. <br /> <br />IWASHITA: Same owner, okay. Thank you, Mr. Chair. <br /> <br />WOODWARD: All right. Yes, Mr. Gonzalez. <br /> <br />GONZALEZ: Thank you. To clarify the points that have just been brought up as well, <br />4-7 is applicable to the filing of the petition. However, Rule 4-4, subsection (b) that was brought <br />up by the Planning Director and Commissioner Iwashita is applicable to the notice that was <br />actually sent to Mr. Lyman. That prescribes that method of service of notices, documents and <br />other papers are deemed complete upon the mailing, which is why I stated on or about May 14, <br />2009 the notice was mailed to the petitioner, at this point. <br /> <br />IWASHITA: Can I follow-up on that then, Mr. Chair? <br /> <br />WOODWARD: Yes, Commissioner Iwashita. <br /> <br />IWASHITA: So, IÓm a little at a loss, Mr. Lyman because the Department record shows <br />th <br />that on May 14 the notice was mailed to you and youÓre saying that you didnÓt get it for like <br />two weeks. Is there a -? <br /> EXHIBIT B <br />8 <br /> <br />
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