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MR. SCHUTTE: . . .and I think , Bud, in that <br /> particular statement Fuke made, "delegated by the commission" <br /> . . .here, what we are speaking about tonight is outright <br /> delegation themselves without -going through the commission. <br /> MR. TRULSON: He talks about the concept of <br /> administrative granted variances applied in different counties <br /> in different states. He is saying in most charters the charter <br /> allows this delegation of duties. . . <br /> So, should we think about putting language in <br /> the charter allowing the commission to delegate this duty to <br /> the director? Is that feasible? <br /> MR. SCHUTTE: What you are suggesting then is <br /> that if the commission set out a guideline for the director <br /> and say; look, variances in regards to this particular setback <br /> whereas handle it yourself. Is that what you are <br /> suggesting. . .be delegated by the commission or through the <br /> commission. . . . <br /> MR. TRULSON: . . . .now, whether it is done by <br /> ordinance or done by charter. Can it be done by ordinance? <br /> Can the Planning Commission by ordinance delegate duties to <br /> the director? <br /> MR. ODA: I 'm not sure that that is legal now. <br /> The Planning Commission is not an executive administrative <br /> agency that -has any type of authority to do things like that <br /> because it is a quasi judicial hearing body, not a strictly <br /> administrative body that can delegate functions to a sub- <br /> bureau or sub-divisions or anything like that. It ' s not <br /> really an administrative bureau under the strict sense of the <br /> term, if we understand the distinction. Not like the Planning <br /> Department in among itself. <br /> CHAIRMAN SAKATA: We' ll defer this matter until <br /> we can get a zoning ordinance, as suggested by counsel , until <br /> we can more clarification of this. All those in favor? Carried. <br /> CHAIRMAN SAKATA: Mr. Oda, on Chapter 6, under <br /> Miscellaneous, that is all cleared up. Board of Appeals, still <br /> not clear? On Chapter 6, Miscellaneous on Section 5-6.3 Board <br /> of Appeals, do you have any more discussion on this? <br /> MR. ODA: No, not really. <br /> CHAIRMAN SAKATA: Mr. Schutte, do you have <br /> anything on this? <br /> MR. SCHUTTE: How do the other commissioners <br /> feel about this, Chapter 6? <br /> MR. OMONAKA: I would prefer to leave the <br /> Planning Board of Appeals as they are because we do have an <br /> ordinance to take care of the other kinds of appeals. We should <br /> just let it go at that. <br /> -29- <br />