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C <br /> Ms. B7 Leithead Todd, Director <br /> July 15, 2010 <br /> Page 2 <br /> Relative to Phase III (East), we realize that tentative approval has not been issued. <br /> However,comments from Department of Public Works also reflect the same level of <br /> improvements, as it did for Phase III (North and South). As such,the road improvement <br /> requirement technically should be the same for all of Phase III, and a variance for that portion <br /> should also be appropriate. <br /> Your letter also made reference to the bond as it relates to completion of the By-Pass, and. <br /> noted that this"must be addressed before any variance from roadways within the `project' are <br /> (sic)considered." Relatedly,you referenced an August 18,2008 letter from the former Planning <br /> Director wherein he wrote "we will not grant final subdivision approval for this or any <br /> subsequent phases of the project based upon a bond, unless we have satisfactory proof that funds <br /> are actually committed to complete the Bypass highway and that all measures are being taken to <br /> diligently move ahead with its construction." (Highlight added) We do not agree with the <br /> conclusion. <br /> The letter refers to not granting final subdivision approval. The variance request will not <br /> result in final subdivision approval. There are many other measures or conditions that need to be <br /> fulfilled before final subdivision approval can be granted, conditions which are under the <br /> jurisdiction of your office and/or the County. Accordingly, we do not agree that the variance <br /> cannot be processed because of the August 18, 2008 letter. <br /> We can understand and appreciate the reference to the zoning condition requiring the <br /> extension of Halekii Street(between the By-Pass and the existing Halekii Street)be improved to <br /> County dedicable standards. As such,this can be addressed by either having this portion deleted <br /> in the variance application or making its applicability subject to an amendment to the appropriate <br /> zoning condition. <br /> As you know,this letter covers not only some of our discussion but other items as well <br /> requiring clarification and/or further direction from you. As such, I would appreciate written <br /> confirmation and/or your thoughts on all of the items covered herein at your earliest opportunity. <br /> The application was filed over two months ago with your office and only yesterday received <br /> your letter returning the application. As such, I sincerely appreciated your making the time to go <br /> over this matter with me on such a short notice and would similarly appreciate a timely response <br /> to this letter. I stand ready to discuss this matter further with you and/or your staff. <br />