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time, a one unit bed and breakfast with 4 bedrooms to be used by the bed and breakfast <br />operation. <br />Previously, it was amended to a 3-unit bed and breakfast. We€ve received a letter on <br />th <br />August 30, that should have been distributed to the Commissioners, requesting an amendment <br />of that amendment to bring it down to a one unit 4-bedroom bed and breakfast. <br />Previously, we had two petitioners for a contested case. Both of them, the Cazimeros and the <br />Labisores, have subsequently withdrawn after meeting with the applicant and their representative <br />and coming to a resolution on the issues. Just this morning we had received a faxed letter, we€re <br />sorry we don€t have a copy of that for you, it came in after we had left for the meeting. <br />Mrs. Labisores wanted me to read this to you folks to speak about the issues regarding her <br />withdrawal. She said, Based on the letter dated August 30, 2004 from Mrs. Flora Beamer <br />Solomon, we are willing to withdraw our contested case regarding SMA Use Permit No. 288, <br />from a three (3) unit Bed and Breakfast operation to a one [1] single unit four [4] Bedroom Bed <br />and Breakfast operation, providing all agency requirements and conditions are officially <br />submitted and met, including a 10,000 gallon water backflow preventer requested by the <br />Department of Water Supply and the Hawaii County Fire Department.‚ <br />The, in response to these particular requests, we are looking at amending, adding one condition, <br />and also amending a condition that is already stated. Condition No. 7, at this time, it says The <br />bedandbreakfastoperationshallbelimitedtotheuseoffive(5)bedrooms.‚We€rerequesting <br />an amendment to that, to state that, The bed and breakfast operation shall be limited four (4) <br />bedrooms within one single-family dwelling.‚ We are adding a new Condition No. 9, and all <br />conditions after that would be renumbered subsequently. The new Condition No. 9 would state, <br />The applicant shall install a 10,000-gallon reservoir to comply with fire-flow requirements <br />meeting with the approval of the Fire Department and the Department of Water Supply.‚ There <br />is already a condition, Condition No. 2, that addresses the backflow preventer requirement. <br />So, at this time, the Planning Director is, I believe, I don€t know if we need to make a motion to <br />withdraw the contested case or to accept the withdrawals, or if we just are able to go forward. <br />TORIGOE:It doesn€t hurt to accept it for the record. <br />GALDONES:Okay. Just to acknowledge the withdrawal of the contested case hearing <br />petitions, we will have the Commissioners acknowledge that. So a motion is in order to accept <br />the -. <br />FUJIKAWA:I make a motion to accept the withdrawal of the petitions for the contested <br />cases. <br />GALDONES:Do I hear a second? <br />SMITH:Second. <br />2 <br /> <br />