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YUEN: Well, do you know if this lot counts as one lot in the CC&R's, or if <br /> you subdivided to eight is it going to count as eight, for purposes of these two-thirds <br /> vote? <br /> PACK: Well, once it's subdivided, each new lot would have one vote. <br /> FUJIKAWA: Yeah, it says right here. <br /> YUEN: Okay. So then as long as none of the other lots gets subdivided, <br /> you would have more than a third, right? You'd have 8 out of 21 at the end of this? <br /> PACK: Well, actually, nine because my wife and I own another lot where <br /> we live in the subdivision; but, yes, we would have 8 or 9. <br /> YUEN: You wouldn't have any objection to having that lot also bound by <br /> this covenant that you would vote against a gate located closer than 60 feet from the <br /> Ali'i, from the Palani right-of--way? <br /> <br /> PACK: No, no, that would be fine. <br /> YUEN: Okay. <br /> HARLOW: Perhaps I can shed a little light on this. Within the CC&R's, there <br /> is a definition of lot meaning Lots 1 through 15, as well as any separate parcels later <br /> created from any of the properties described in the exhibit. So it applies to all future lots <br /> as well. <br /> FUJIKAWA: Mr. Pack, you have anything to say? <br /> PACK: Nothing further, no. <br /> HARLOW: I'd like to make a brief statement. I believe that the Background <br /> Report covered this adequately, as well as the Recommendation prepared by staff and <br /> approved by the Planning Director, but I would like to point out the following: This <br /> project provides sorely-needed additional residential lots in close proximity to the urban <br /> core of Kailua Village. The resulting density is going to be the same with this project, <br /> <br /> whether the existing four lots were developed with a primary dwelling and an ohana <br /> dwelling, or the proposed eight lots are developed with one single-family dwelling per <br /> lot. So there will be no increase in density should this application be approved. <br /> And, contrary to statements in Mr. Borns' letter, Hoawe LLC has followed all applicable <br /> rules and regulations in developing Pamahoa Estates Subdivision, and will continue to do <br /> so with this subject project. <br /> FDJIKAWA: Is there any question, Commissioners, with the Applicant's <br /> representative? Springer? <br /> 5 <br /> <br />