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standard roadway to be built. We did grant that variance, but it was accompanied by a <br />condition that prohibited any of the lots from having ohana dwellings on them. That€s <br />because the Zoning Code says that you can€t put an ohana dwelling on a lot created with <br />a variance. So it€s a standard condition of our subdivision, when we have a subdivision, <br />a variance that creates a sub -. When we grant a variance that is in connection with the <br />creation of a subdivision, we put this clause in the variance just to give notice that this is <br />one of the things that€s going to happen as a result of your having the variance. <br />After receiving the variance, possibly because of this question, I don€t know if that€s for a <br />fact, but possibly because of this, Mr. Pack then said, wanted to withdraw, withdrew the <br />variance request. Then, and if you ask for a variance, you get the variance, you can also <br />decide to reject the variance. He rejected the variance. So the subdivision was built <br />without the variance. There was no, there wasn€t a variance in the building of the <br />subdivision. Correct? <br />PACK:Correct. <br />YUEN:Okay. So the variance was not used to build the subdivision. The <br />standardroadwasbuilt;andhenceasitstandsbeforeyou,thereisn€tanyrestrictionon <br />having ohanas on the existing lots in the subdivision. <br />And then just one more comment right now. There was a question about deferring, let <br />me just explain what, for the Applicant as well as the Commissioners, what the results are <br />and what the options are for the Applicant if you defer. The Code gives the Planning <br />Commission a set amount of time to act on these rezoning applications. Because we <br />missed our, the first time we were going to put this on the agenda, that time runs out <br />st <br />January 1. <br />Now, the Applicant at that point has a choice, if the Planning Commission has not made a <br />recommendation to the Council by that point, the Applicant can decide not to keep the <br />application at the Planning Commission any longer and send it up to the Council. In that <br />event it goes up, the ordinance says that it goes up with a negative recommendation from <br />the Planning Commission. In that case, we simply report to the Council what happened <br />at the Planning Commission and that this constitutes a negative recommendation of the <br />Planning Commission. We also send up the Department€s recommendation and proposed <br />ordinance from the Department. <br />The Applicant can also choose, and that€s their choice, to keep it at the Planning <br />Commissionandgetarecommendation,getavotebyfivemembersofthePlanning <br />Commission, up or down. <br />The Applicant can also, at any point after that, change their mind and still yank it up to <br />theCouncil. <br />So,andontheotherhand,theCommission,avotebylessthan,anaffirmativevoteof <br />less than five of the Commission is a negative recommendation. So if you take a vote <br />13 <br /> <br />