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UNGER: Sure, hold on, yeah, let me, let me go ahead and—[to the applicant] go ahead, you <br /> may be seated—and then we'll hear one more, if you'd like to come forward again and have a <br /> response to this for clarification. <br /> NIEMER: The wall in question is in fact a flood retention wall. It's ten feet at the base at the <br /> south end of it, it's two feet at the base at the north end of it. It has been there since our property <br /> has been there. It has been damaged substantially and prevented numerous floods. It has not <br /> prevented a flood down Kuakini the, about three years ago. But if it goes away, it will in fact <br /> flood our property. There, there are cattle walls to the south of that, which obviously are not <br /> flood mitigation, but this wall is. <br /> VITOUSEK: Okay <br /> NIEMER: It is in a flood zone. <br /> VITOUSEK: And, is it, to you knowledge, on this subject property? <br /> NIEMER: I cannot attest to the boundary lines of the property. <br /> VITOUSEK: Got you. The only maps that we have of the subject property shows the cattle <br /> wall <br /> NIEMER: I would suggest you look at the property before making those statements then. <br /> UNGER: Are you done? <br /> NIEMER: Yeah. <br /> UNGER: Thank you. So, Commissioners, we're back to entertaining a motion. <br /> VITOUSEK: I move that the application for a Special Permit, Docket No. 19-205, be approved <br /> based on the Planning Director's recommendation, which shall be adopted. <br /> CARR SMITH: Second. <br /> UNGER: We have a motion by Commissioner Vitousek, second by, seconded by Carr Smith. <br /> The floor is open, Commissioners, for discussion. Well, what I would like to propose—we're <br /> just having a discussion now—I like the idea of adding to Condition 8, "All new driveway <br /> connections to Kuakini Highway and work within ," "All new connections and existing <br /> connections to Kuakini Highway and work within the County road [right-of-way] will [shall] <br /> conform to Chapter 22 ...." So I would like to see that added to the motion; however, <br /> Commissioner Vitousek, that's your, this is your motion. <br /> VITOUSEK: Sure, yeah, we can add the language to Condition 8 that all new driveway and <br /> existing connections to Kuakini Highway and work within the County right-of-way shall <br /> conform to Chapter 22, County Streets, of the Hawaii County Code. <br /> 12 <br /> EXHIBIT A <br />