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evidently is in the deed as well and carries forward to the current owner. So if I can get a little <br /> clarity about that and what the status is. <br /> KAY: Probably appropriate for the applicants to respond to that. <br /> CARR.SMITH: Thank you. <br /> PIPAN: Me, too, thank you for the question. We submitted by letter our plans for the <br /> subdivision to the Ikedas, neighbors to the west; we received nothing in response. The agreed <br /> settlement adjustment of the lot lines is shown on the proposed subdivision map, and it's <br /> accounted for in the metes and bounds for both the rezone and the state land use boundary <br /> amendment. So we are assuming that they are going to be satisfied by those inclusions. Also, <br /> they were on call when I had the Zoom meeting with Ms. Funakoshi and several other <br /> community members, and they didn't provide any comments or concerns. <br /> CARR SMITH: Okay, but they are aware of what's going on. <br /> PIPAN: Yes, ma'am. <br /> CARR SMITH: Okay, thank you. I think I'm good, Mike,thank you. <br /> VITOUSEK: Okay, thank you. Any other commissioners, questions for staff or applicant? (No <br /> audible response) Jeff, Deputy Director Darrow. <br /> DARROW: Thank you, Chair. I'll just touch upon some of the issues that came up through the <br /> discussion. Number one, as far as items number I and 2 on Condition C "applicant,"that was a <br /> typo, so it should be"applicant" in Condition C. Condition N "unlikely,"that was something <br /> staff was going to bring up as well;`moving forward Council has asked that we remove the word <br /> "unlikely"in that condition so that it would say, "in the event." The last request from the <br /> applicants' representative, we hada similar change of zone in Waimea, this was some time ago, <br /> and it was a similar request, although it was Agricultural zoning,but it applies in this matter <br /> being that it has to do with a second dwelling. What happened was the applicant was requesting <br /> that the Planning Commission remove the condition of the restrictive covenants for the second <br /> dwelling. And so the commission placed in a condition that took out the restrictive covenants <br /> but said that the applicant—just pull it up here, that the, that, I'll just read it, in this case back <br /> then it was additional farm dwellings but we'll use `ohana dwellings in this case `ohana <br /> dwellings, "if approved by the Planning Department, shall be serviced by individual water <br /> meters as approved by the Department of Water Supply." In this particular case, there is only <br /> one additional water meter available, so it would only apply to one of the lots. There is an <br /> allowance to be able to have an `ohana dwelling, if your area has sufficient rainfall; <br /> unfortunately, this particular area does not meet that requirement, and so this condition, if <br /> changed in the ordinance, would just apply to that additional unit that it's available. So that's <br /> something for consideration by the commission. <br /> I did,just one I touch upon the matters that were brought up again by the testifiers, specifically, <br /> this issue of whether or not to allow the applicant the ability to preserve or to do data recovery. <br /> And so, you know, there is a lot— <br /> II <br /> DRAFT <br />