2003-11-07 TKOBAYASHI - Laserfiche WebLink

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Welcome to the table. YouÓve all been duly sworn in. Unless you have a preferred order, weÓll be starting from the right-hand side of the table. And as youÓve heard the discussion amongst the Commissioners, amongst the Director, our counsel and the ApplicantÓs representative and legal counsel, whatÓs before us today is the time extension. And weÓd be having more discussion of that with you. But to begin our discussion, as long as youÓre clear that thatÓs what is the agenda item before us. Name and residence, please? M. ALLEN:My name is Marla Allen. IÓve been a resident of Kona since 1966. I bought my property in 1989, formerly Tanaka Quarry. It was reconsolidated and subdivided in Ó88 and Ó89. My dates are -. I have to give you some background. I understand where youÓre going with this but I do need to give you some background on the entire area. In 1995, t the construction baseyard on the property adjacent to this, which was also owned by Fuku Bonsai. It was litigated over a year-and-a-half and placed on the agenda to revoke. In 1974, adjacent to that, Special Permit for Yamaguchi was put on non-compliance. They were operating on Mr. KunitakeÓs property across the way. Mr. Yamaguchi flew over to see about having it not revoked for non-compliance. This Commission voted to revoke and said he may as well come to reapply. Mr. Kunitake, IÓm just trying to get to, there are several special permits in this area that does not make this a reasonable use. Please allow me to finish my testimony. SPRINGER:Excuse me, we have our Deputy Corporation Counsel who might be able to give us some, all of us some clarification on this. OÓTOOLE:Yeah. The first thing we want to do is to decide which parties have standing, if any, and then weÓre going to proceed to contested case, in which case you can bring out all this information. Or if thereÓs only public testimony, you can bring it out, but -. M. ALLEN:All right, my name is -. OÓTOOLE:The issue is standing at this point. SEITER:My name is Kevin Seiter. I live right out by that dangerous Hienaloli Road. My mailing address, P.O. Box 1839, Kailua-Kona the Allens and Mr. Colden. IÓm an attorney, please donÓt hold that against me. The reason that we filed the request for contested case was really out of an abundance of caution. The notice that went out to the property owners contained a contested case form. And rather than possibly waive that right, we filed the request on behalf of the Coldens and the Allens. Both of them, the Coldens are adjoining property owners to the subject property. The Allens, essentially, live across the street. And theyÓre both directly impacted by this proposed development. 7