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things I asked him before we started on this application. If he had -. He said, “I have all the
<br />building permits, we did them all.” And evidently – and he has them all initiated – evidently, he
<br />didn’t know that he was supposed to call for final approval. But he, he actually did think that
<br />everything was legal. And if I had known before yesterday that they weren’t, you know, we would
<br />have tried to straighten this up before today’s meeting. But he said, “Oh, yeah, everything is good,
<br />I’ve got all the building permits, everything is good.” So I came here with the impression that that
<br />was all taken care of.
<br />
<br />HICKCOX: Thank you. I’d like to call up on the Deputy Planning Director to give us an
<br />assessment of the standing thus far and of the recommendations made by Daryn, please.
<br />
<br />MASUNAGA: Yeah, I concur with the staff, Daryn Arai’s recommendation. So I have no
<br />objections to his presentation at all, and support what he said.
<br />
<br />HICKCOX: Thank you. And Corporation Counsel?
<br />
<br />TORIGOE: Thank you, Mr. Chairman. Just a FYI, your Planning Commission authority comes
<br />from Hawai‘i Revised Statutes, Section 205- 6, and Subsection (c) says, “The county planning
<br />commission may under such protective restrictions as may be deemed necessary, permit the desired
<br />use,” so I think what the staff is proposing is consistent, you know, basically saying whatever
<br />permits are necessary will be required. Now, and that basically says, too, that if in the particular
<br />case, let’s say the Building Division says, “Yeah, you know, obviously, the building that you are
<br />going to be using has to be permitted,” but if in the particular case they also say, “Well, this other
<br />building next door is so close, and you’ve got to make sure that that thing is, you know, permitted
<br />also.” The Building Division could potentially require that, but -.
<br />
<br />BAL: You know, they are different owners.
<br />
<br />TORIGOE: They are different owners?
<br />
<br />BAL: Yeah.
<br />
<br />TORIGOE: Oh, okay. But anyway, so, to the extent that, you know, what is being required by the
<br />department is just what is necessary that would be appropriate with regard to this. I just also wanted
<br />to clarify maybe one thing that’s just a factual thing; I think staff mentioned that this location is
<br />right across from Puunani Subdivision. Is that -?
<br />
<br />BAL: Actually, Puunani is up just a little ways. I think it’s the next street up.
<br />
<br />TORIGOE: So it would be more like Mokuloa right across the street?
<br />
<br />BAL: Mokuloa, I think it is. I don’t remember what it is. I think it is Mokuloa.
<br />
<br />ARAI: Please use your microphone. Thank you.
<br />
<br />BAL: Oh, yeah, I think it is Mokuloa. It’s all the new houses, all the brand-new houses.
<br />
<br />7
<br />EXHIBIT A
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