2012-05-03 Windward Transcript John Hegarty

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ISHIBASHI: So I’m willing to withdraw my motion at this time. KERN: Okay, thank you, Commissioner Ishibashi. Do we want to take a minute to look at potential conditions, or should we get a motion on the floor and then look at conditions? What would be most appropriate? LUGO: I would suggest you get a motion on the floor. KERN: Okay, is there a motion? AU: Mr. Chair? KERN: One second, Commissioner Au. Okay. Okay, so if we are making a motion to approve we need to have the reason based on the criteria of Rule 6, which would be such as an unusual use of the land. So, Commissioner Au? AU: Thank you, Mr. Chair. I move to approve a special permit for applicant John Hegarty (SPP 12-132) with conditions that we’re going to set forth; and the reason being for an unusual situation. KERN: So would you say in your findings it’s an unusual use but a reasonable use? Is that -? AU: Yes, yes. KERN: Okay, is there a second? MOSES: Second. KERN: Okay. Discussion? We’re going to actually have our Corporation Counsel speak to this for one second to clarify the motion. LUGO: If the Commission is going to be voting to approve the special permit, in the motion there should be a statement of findings that the use is, you know, consistent with the criteria that you’re required to consider under your Rule 6, under Section 205, the Hawaii Revised Statutes. So you can look at the orange sheet from the Planning Department, and specifically look at the items in bold. The Commission needs to make findings related to those criteria. KERN: Just a quick point of, potentially what we could do is direct the Planning Department, Planning staff, to work on a recommendation of approval, and then have them work out some of the conditions with what we’ve been talking about. And then we continue the application to the next, next month’s meeting, which would give time to kind of hash things out and not be rushing to a, to a decision right at this time, being that it’s a sensitive issue. And I think the conditions are going to really play a big, big effect on this. Would you like to add anything to that, Maija or Daryn? ARAI: We’ll be able to prepare something for the Commission’s consideration at its next meeting scheduled for th June 7. But we do need some basic understandings or details that will help us in developing or constructing the recommendation report. Mr. Chair, you were eloquent, you did speak regarding the CDP, consistencies with the CDP. That could be utilized, as well as testimony that was offered today, at today’s hearing. So that all could be used to help generate a draft recommendation for your review. KERN: Okay. Thank you, Daryn. Okay, if the Commission is inclined to continue this, I’d ask that the person who made the motion, Commissioner Au, withdraw the motion for now and we move to a motion to continue. 16 EXHIBIT A