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2007-12-12 TKOHALA LLC
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2007-12-12 TKOHALA LLC
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were to agree with Mr. Lim’s request to defer this to the March meeting? And if there was a <br />legal question about the Director initiative having elapsed, could that not be refiled? <br />GRAHAM: Mr. Yuen? <br />YUEN: Well, I would like to see the matter move forward, and the only <br />consequence of the 60 days having run out already is that it should already have gone to the <br />Council with a negative recommendation. <br />GRAHAM: All right. Commissioner Siracusa? <br />SIRACUSA: Commissioner Watanabe expressed his discomfort with the two extremes, <br />and hoping to find some kind of a middle ground that would be satisfactory that could be worked <br />out between the Department and the applicant. But we haven’t heard from Mr. Lim on that, if he <br />feels that his, that the applicant would want to hold a hard line to 50 lots or would be willing to <br />negotiate the number of lots and a decreased density. So unless we know if there is a willingness <br />to negotiate on that, your point would become moot. So Mr. Lim, would you please respond to <br />that? <br />LIM: Yes. I’d have to of course reserve all my legal rights to the RS-15 zoning. <br />But on the question of whether or not the applicant would be willing to negotiate on something <br />less dense, the answer is yes; and the answer is we’ve tried and we were rejected. <br />GRAHAM: Thank you, Mr. Lim. Commissioner Domingo? <br />DOMINGO: Thank you, Mr. Chairman. I would like to ask for confirmation from our <br />legal counsel with regard to the statements made by Mr. Yuen regarding the time schedules and <br />what would be in his power to make decisions that he is making, and with regard to, you know, <br />the elapsing of the time, the time and the ability to send up a negative recommendation to the full <br />Council. <br />GRAHAM: Mr. Torigoe? <br />TORIGOE: Thank you, Mr. Chairman. I am not entirely sure, exactly what you would <br />like to hear from me is -. <br />DOMINGO: Well, you know, I was hoping to have caught the Chairman’s attention at <br />the very instant when Mr. Yuen had completed his statement and to ask at that time whether in <br />fact that what Mr. Yuen is saying is how you interpret the law or the policies and the Rules of the <br />Commission. <br />GRAHAM: You mean the very last statement that Mr. Yuen just made a couple of <br />minutes ago? <br />DOMINGO: No, not the last statement. He was explaining the applicant initiated <br />measure and the Planning Director initiated measure. And I remember in my discussion, I <br />pointed out that, okay, if the applicant, and we have that 60-day limit when if no action is taken, <br />then it’s sent up to the Council as a negative recommendation. But I think it’s not that clear if in <br />EXHIBIT A <br />17 <br /> <br />
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