2007-11-16 TIBBETSON - Laserfiche WebLink

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(At this time, 10:30 a.m., the Commission took up Agenda Item No. 2 regarding Matthew Kilgore’s application for a Special Management Area Use Permit to allow the construction of a 5-story, 11-unit condominium project, TMK: 7-6-14:13 – SEE EXHIBIT B. At 11:45 a.m., the Commission again took up the subject application.) WATANABE: Will the Planning Commission meeting please come back to order? We are back now on our Agenda Item No. 1 which we had deferred earlier; this would be a case of Daniel Ibbetson, SPP 05-000015. And I trust everyone is on the same page with this, so at this point, the Chair would entertain a motion. Mr. Iwashita? IWASHITA: Thank you. I move that, regarding Applicant: Daniel Ibbetson, SPP 05- 000015, that the application be denied, and that we adopt the intervenor’s proposed Findings of Fact, Conclusions of Law, Decision and Order, which is on the record in this case as the basis for the denial. DOMINGO: Second -. WATANABE: Is there a second? DOMINGO: Second. WATANABE: Okay, it has been moved by Commissioner Iwashita and seconded by Commissioner Domingo that the application 05-000015 be denied based on the intervenor’s Findings of Facts and Conclusions of Law. IWASHITA: Mr. Chair? WATANABE: Yes. IWASHITA: I’ll try to make a brief, as brief a comment as possible on this point. And it is to emphasize that the record is clear and the reference is made in the proposed findings of the existence of the Circuit Court action that I think we all agree it would be determinative one way or another on whether or not this proposed use is going to be allowed after the Court hears all the evidence in that case. So this proceeding is really premature, and the suggestion earlier made that, well, we can make it, if we approve it, it can be made subject to becoming invalid if the Court rules adverse to Mr. Ibbetson, to me is, would be a waste of the paper that the decision is written on. So I really strongly feel that this application is premature, that the Third Circuit Court case should be allowed to run its course, and if Mr. Ibbetson prevails in that proceeding, then he can reapply. Thank you. WATANABE: Thank you. Any other comments, discussion? Mr. Darrow? DARROW: Thank you, Mr. Chairman. The motion before us is to deny this application and adopt the intervenor’s Findings of Fact, Conclusions of Law, Decision and Order. With that, I’ll take the roll. Commissioner Iwashita? IWASHITA: Yes. EXHIBIT A 9