2007-12-12 TIBBETSON - Laserfiche WebLink

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WATANABE: Okay. I move to approve the Special Permit application for Daniel Ibbetson, SPP No. 05-000015, based on the Planning Director’s recommendation and proposed Findings of Fact, Conclusions of Law, Decision and Order, and subject to the original proposed conditions and also inclusive of a new condition: The applicant shall provide on its website and other promotional materials notice of the presence of native Hawaiian graves and the need to be respectful of them and of those who visit them. GRAHAM: Thank you, Commissioner Watanabe. I think that’s clear. Do we have a second to the motion? DARROW: Commissioner Graham? GRAHAM: Yes, Mr. Darrow? DARROW: If I could, before there is a second, at our previous meeting where we had a similar motion, there were also some additions: One was to be able to make a correction on page 4, and that was to add a “y” to the “warranty deed” – at this time it says “warrant deed” -. WATANABE: Yeah, I’ll, friendly amendment. DARROW: And then there was also on page 6, I believe that’s No. 22, on second line it says “were no objections raised – and then inclusion of the word ‘by’ – any ---“, so the word would be “by” that would be added. And if I’m not mistaken, if Mr. Torigoe could, there was, we were to add some wording in the last Findings of Fact as well as to add a conclusion of law. Do you recall, and possibly, I think that was it, those four changes. The inclusions would be, if it is to grant – we should? Okay. This conclusion of law would be added: “Based on the foregoing findings and conclusions, the proposed use is an unusual and reasonable use under HRS 205.6.” And added, the last Findings of Fact would state: “The Planning Commission has considered all the proposed findings of facts offered by each party. The intent of all proposed findings consistent with the findings herein are incorporated herein with the specific language herein to govern. All proposed findings inconsistent with or contrary to the findings herein are rejected.” WATANABE: I -. DARROW: Thank you. WATANABE: It’s a lengthy friendly amendment. But I accept. GRAHAM: Commissioner Watanabe, I also remembered, maybe I was not here for the second, for the last meeting, but the one before that, we did have a motion on the Planning Director’s submission, proposed Findings. And I remember I personally objected on page 12 on the Conclusions of Law, No. 9, which I thought was just extraneous, unnecessary; and also I didn’t agree with it -. WATANABE: Well, I -. EXHIBIT D 6