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7 f r I has that been grandfathered in or it's going on the County's property for Mr. Wagner and Miss Iboshi. Now the concern I have is that it should be addressed by the County and Public Works even Planning is what if they do the road improvement later on and they an operation a business 4 going on how can they enter into their property and the encroachment. It's yes if we can approve this. Have they further investigate if we're converting into commercial if the building or structure is within the setback it's kind of like I'm chiming in with Mr. Clarkson. It's on a County public right-of-way, they have their driveway to get in and out of their property with that is it considered as temporary right now or should that fall into County's hands as if it goes commercial that the County got to do at least the improvement up to that property. It's kind of like my question and I hope I kind of understood Mr. Clarkson because there's that enclosed carport and if I look at it correctly is it like a five (5) feet easement, not easement but setback there or I could be looking at it wrong. If it converts to commercial has Public Works further investigate that meets the threshold of them relocating their building or has this been addressed in a condition to let the applicant know. JACKSON: Commissioner Aguinaldo I'll try to answer that for you. AGUINALDO: Okay. JACKSON: So, the Department of Public Works was sent this application for comment and review and so they were able to see this site plan and they did not make any comments related to encroachments or improvements in their right-of-way. Other than to say that any future access driveway onto a public street which is Kino`ole or Lono Street would be required to comply with the County's Street Code. So,the applicant would need to come in and get a permit from Public Works in order to establish a driveway on either of those roadways. Which means that if the existing driveway is not built to County standards that the applicant needs to go in and built it to County standards. AGUINALDO: But Maija shouldn't that be part of Public Works kuleana on that because that's the County right-of-way, that's County road. You know Public Works got to really look at that because You're telling the applicant to now you have to comply but that's County road. That's my thing right there it's a great thing what the applicant is doing is going— HALL: Hey sorry Commissioner Aguinaldo, sorry to interrupt this is Mafia Hall. I think we are getting a little bit into discussion here and I'd like to move forward and let the applicant have their turn so, if there's no more questions, we can let the applicant address that on what the situation is if they have— AGUINALDO: Okay. HALL: —have an easement or that. Yeah. AGUINALDO: Okay, thank you. REPLOGLE: Thank you Mr. Aguinaldo. Yes, Mr. Clarkson? 7 EXHIBIT B(DRAFT)