2020-01-08 Exh B Hearing Transcript - RTA Kilauea Lodge REZ 19-239

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CLARKSON: I remember it is you have to remove the rock wall in front of the easement. KAY: So, what it reads is, "The applicant, successors or assigns shall not block or impede the twelve [12] -foot wide perpetual easement from [for] a road right-of-way that is situated along the entirety of the easement property line as designated in the deeds of the subject parcel and" the adjacent tmk "north of the subject parcel." So, yeah, I mean I suspect that if, if he so chose, we could amend that language to allow for the possibility of a realignment of that access, but as it is right now, that's where the access easement is. CLARKSON: Okay, well, I'll probably make that suggestion KAY: Okay CLARKSON: at some point. Any further questions for the staff? AU: Mr. Chair, question? Christian, you mentioned that that parcel has, there's an overflow of employee parking from the parcel next door. KAY: That's correct. AU: Okay, yeah I just wanted to clarify that `cause you said it's not being used, but it is being used for employee parking for KAY: —The, yeah, so the property itself, not necessarily that 12 -foot, that 12 -foot roadway easement area, but I believe the existing driveway is where employees enter, and there's a small parking area toward the back that they park in. AU: Okay, so does the landowner own the two parcels? Do they own the parcel next door? Is it the same landowner that— KAY: —Yeah, so RCA [sic] Kilauea Lodge owns the Kilauea Lodge property and the subject property. AU: Okay. KAY: The property above that the easement accesses is owned by a different owner. CLARKSON: If there are no further questions, thank you, Christian. Will the Applicant or their representative please come forward? KERN: Good morning, Mr. Chair, Members of the Windward Planning Commission. CLARKSON: Please raise your right hands. Do you swear or affirm to tell the truth on this matter before the Commission today? KERN/BAUMANN/WARNER: Yes. EXHIBIT B 5