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Page 2 <br /> and its functions. Included in the duties of the commission are <br /> the following: <br /> • <br /> "Hear and determine appeals from the•actions of the director <br /> on rezoning applications, and special exceptions from the permitted <br /> uses of each district of the zoning ordinance. <br /> Hear and determine appeals requesting variances or other <br /> exceptions from the subdivision and zoning ordinances where, due <br /> to special conditions, a literal enforcement of the provisions of <br /> P <br /> the ordinances will result in unnecessary hardship and the granting <br /> of the variances or other exceptions will not be contrary to the <br /> public interest." <br /> Since Hawaii'County'scharter has given'its planning commission <br /> authority which goes beyond merely advising or recommending action to a <br /> decision-making body, we believe that the commission is not "advisory <br /> only" within the meaning of the relevant statutory provision. Therefor, <br /> in Hawaii County the appropriate authority for establishing SMA boundaries <br /> is the planning commission. <br /> You also expressed concern that a developers agreement might be <br /> ineffective if the planning commission could change the SMA boundaries to <br /> include a project•where the county had entered, into an agreement with the <br /> developer of that project. The law relating to developers agreements, <br /> however, provides that any local government agency or body may be included <br /> as a party to the development agreement. If the planning commission is <br /> made a party to the development agreement, then there should be no problem <br /> with the SMA boundaries. <br /> 4. Would the council disband, 'or on the councils own volition, remove. <br /> the authority from the commission? <br /> "The council giveth and the <br /> council can taketh back." It is our understanding, that at any <br /> time the ,council can agree on items to be changed, they, the council, <br /> have the power to put them on a ballot without a commission. <br /> After reviewing the issue it is our recommendation that the planning commission <br /> retain the status it now holds as aPolic Making"9 bo dY• <br /> Respectfully submitted, <br /> • <br /> • Ralph L. Yost <br /> Legislative Chairperson 55 1 <br /> Puna Community Council <br />