2012-57.2 BRPDInitiatedRevocationSPP1122

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Communication No. 2012 -57.2 17. October 26, 2010: Letter from Jenna Way, Executive Director of SPACE, dated October 26, 2010 to the Planning Director requesting for an exception to the cease and desist order to allow SPACE to hold 6 public performances between October 2010 until April 2011. The Planning Department responded in a letter dated November 4, 2010 stating that the Planning Department cannot allow a use that was strictly prohibited as a condition by the Planning Commission. The letter stated that the Special Permit would need to be amended to allow for public performances. It was also stated that until such amendment is approved, no public performances are allowed. (Planning Department Exhibit 14 — Letter Dated October 26, 2010 from Jenna Way and Letter Dated November 4, 2010 from the Planning Department) 18. August 9, 2011: Letter dated August 9, 2011 from the Planning Department to Ellis regarding the investigation results of two (2) complaints received at the Planning Department for alleged activity on SPACE property. The Planning Department did not find that the alleged ceremony was a "public performance" prohibited under Condition No. 5 of Special Permit No. 112 and closed the matter. (Planning Department Exhibit 15 — Letter Dated August 9, 2011 to Elllis) 19. February 24, 2012: Letter dated February 24, 2012 from the Planning Director to Ellis in response to several complaints regarding a 25th Anniversary event planned for the evenings of February 24 and 25, 2012 at the SPACE Property. The Planning Director stated that it was her decision that this was not a personal party or similar allowance she had made in the March 12, 2010 meeting and that the two -day event should not be held or they would be in jeopardy of receiving a violation notice or in jeopardy of the permit. The Planning Department notified Ellis and his representatives (Attorney Ted Hong's Office) prior to the letter being sent regarding the Planning Director's decision. The Planning Director also took into consideration the information submitted by Attorney Ted Hong (next exhibit) in making her decision. (Planning Department Exhibit 16 — Letter Dated February 24, 2012 from Applicants to the Planning Department) 20. February 24, 2012: Attorney Ted Hong submitted a letter dated February 24, 2012 regarding the anniversary event along with a declaration from Graham Ellis and Jenna Way, and a letter from U.S. Senator Daniel K. Akaka regarding the 25th Anniversary 10