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COMMAND: I also think you need to look at what the end result is; if the end result may be that
<br />they are allowed to run a bed and breakfast, that’s a different story than an illegal use where they
<br />are not supposed to be doing what they are doing on the property, right? So we, and it’s more of a
<br />philosophical thing, we want to try and help them become legal rather than just say no. And maybe
<br />other administrations might feel a little bit different about this, but I think that if we see that there is
<br />a way for them to get to the end result and become legal, we’ll do everything we possibly can to
<br />make them legal. We’d rather them be legal than say no, no can, and then turn around and they are
<br />doing it anyway after that, so. Anyway, I don’t know if that clarifies anything for you.
<br />
<br />GIFFIN: Thank you.
<br />
<br />BEAUDET: Which has happened in the past, I mean, we have, you know, the County Planning has
<br />issued immediate termination of operations for different types of operations. So, and most of us,
<br />you know, are familiar with a few of those applicants, so.
<br />
<br />HICKCOX: I think that maybe perhaps this would be a learning experience for everybody here as a
<br />matter of fact. The time that went by from September 2011 until the final issuance, until the
<br />issuance of the response to the warning letter, now, that seems to be internal and that’s something
<br />that needs to be looked at internally as opposed to having to be addressed by the Commission itself.
<br />I mean, and we are not here to tell the Planning Department how to do it, right? So what we are
<br />here for is to say okay that’s a long period of time, maybe you should look at this and come up with
<br />some kinds of checks and balances that will prevent this from happening in the future, period, you
<br />know? Mahalo.
<br />
<br />BEAUDET: Thank you.
<br />
<br />COMMAND: And let me just say one more thing. There is a number of different letters that we
<br />send out. The first one normally, which I’ve seen, and forgive me because I’ve only been doing this
<br />for about a year, but normally we’ll send out a warning letter, which is not necessarily cease and
<br />desist; tell us what you are doing here, tell us that it’s okay, we’ll leave you alone. The next step
<br />would be a notice of violation; then you have to do this or we are going to tell you to stop. And I
<br />think the final one would be cease and desist, right, and that threatens legal action. So, I mean, the
<br />period of time that those letters are, that they give to the person to correct whatever violations, and
<br />I’m not exactly sure, but do you have any idea what those are?
<br />
<br />DARROW: Warning letters are mandatory 60 days. And a lot of times this is common the
<br />applicants need more time, so they ask for a time extension, and we usually grant those. As long as
<br />the applicants, as mentioned, are working with the Department to try to be legal, we will work with
<br />them and, rather than just come down with the hammer.
<br />
<br />BEAUDET: Any more comments or questions of staff? Thank you. With that, with the closing or
<br />our comment period, I would just ask the audience if there is anyone left in the audience who may
<br />wish to speak on the application. Thank you. With that, Commissioners, I would like to ask for a
<br />motion.
<br />
<br />GIFFIN: Mr. Chairman? I would like to move that Special Permit Application SPP 14-000161 to
<br />allow a five-bedroom bed and breakfast operation within two existing dwellings be approved by this
<br />body, along with the conditions as noted in the, by the Planning Director.
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<br />EXHIBIT A
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