2003-11-07 TKOBAYASHI - Laserfiche WebLink

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OÓTOOLE:It says the use granted may be continued unless the Planning Commission specifically disallows the activity during the interim period. So thatÓs the whole rule. MATSUKAWA:ThatÓs right. SPRINGER:Mr. Fuke? FUKE:Between the two lawyers, IÓd just kind of like to introduce my view of this. But the use has not been established. If the use were established, then we wouldnÓt be here before you, so -. And I think the other factor to consider is like what Mr. Yuen had indicated, I guess, to the Commission, is that inasmuch as this application th has already been timely filed and even if December 4 or whatever the date comes and then thereÓs no disposition on that, that he will not initiate any revocation of the permit. Because what Mr. Seiter failed to read or failed to share with the Commission is the caveat that leads to the Director shall initiate procedures to revoke the permit, and that is, it reads, ÐShould any of the conditions not be met or substantially complied with in a timely fashion,Ñ then, Ðthe Director shall initiate procedures.Ñ So we would contend that, one, to let the contested case hearing run its course, you know, would be a reasonable. I think any reasonable person would assume that thatÓs a reasonable extension. SPRINGER:Thank you. Director Yuen, do you have any further comments? YUEN:I concur that if you put this over to a contested case, the fact that st the application has been filed does not mean that the December 1 date does not, I would st not start to revoke because the December 1 date has passed. By the same token, their efforts that they make after December 1, 2003 to commence constr the self-storage facility would be at their own risk, that the permit is not extended, that the permit may not be extended. SPRINGER:Thank you. Counsel OÓToole, any clarifications for us or guidance? OÓTOOLE:No, I think thatÓs right. SPRINGER:Okay. And, Mr. Seiter, I return to the question to you, would you like to proceed with our discussion of the two petitions before us for standing in a contested case hearing? SEITER:Yes. SPRINGER:Thank you. And if we can focus on the reasons why the Applicants are coming forward and why they should be granted standing, please. And are you representing -? 10