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his own such that -. And after that, then, there was some litigation between another <br />contractor and the owner. So the long story being short, over the last two or three years <br />he has made some efforts to, good efforts to try to get this thing on the road. But because <br />of these different circumstances he has not be able to complete the activity and open it in <br />a timely manner. <br />The other point I kind of wanted to make is that, and perhaps it just kind of, was an <br />oversight on everybodyÓs part. But when the amendment was approved, this is really one <br />of those rare Special Permits youÓll notice that did not have a time extension clause <br />which would enable the Planning Director to grant a time extension; and, as a result, you <br />know, we are, you know, before this body. <br />We realize, also, that, you know, there have been two requests for standings in a <br />contested hearing and, as a result, the owner has retained the services of <br />Mr. Matsukawa to represent him. <br />SPRINGER:Thank you. Mr. Matsukawa, do you have any comments at this <br />time? <br />MATSUKAWA:Just very briefly. I imagine -. <br />SPRINGER:May I have your address, please? <br />MATSUKAWA:My name is Michael Matsukawa. My address is 75-5751 Kuakini <br />Highway. IÓm an attorney. Mr. Kobayashi engaged me the first t <br />alluded to, when the permit was first contested. For this particular thing, I suppose the <br />issue will come up at the later part of this hearing so I may as well address it - that the <br />issue before the Commission is for an extension of time. You kn <br />testimony IÓve seen seems to want to re-argue the substance of the original permit and the <br />original amendments that were made. Your Rule 6-8 provides for the procedure; and the <br />issues are what condition is involved, the length of time requested and what is the reason <br />for the request. So if the Commission is inclined to grant a co <br />type format or other agreed-upon format, I think the issue is limited to that question of <br />why is a time extension requested; and itÓs to the CommissionÓs discretion to determine <br />what to do about the request. Thank you. <br />SPRINGER:Thank you, Mr. Matsukawa. Commissioners, do you have any <br />questions or comments either for the ApplicantÓs representative <br />Commissioner Graham? <br />GRAHAM:Yeah, IÓd like to ask our Corp. Counsel representative -. Pat, do <br />you read Mr. MatsukawaÓs interpretation that really the only issue before us should relate <br />to the time extension and should not relate to the merits of the permit? <br />OÓTOOLE:ThatÓs right. It is not on the table to revoke the permit or anything. <br />ItÓs just, the question is the amendment that theyÓre asking for of the condition. So they -. <br />4 <br /> <br />