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CLARKSON: Have you read the Planning Director's Background Report and conditions, and do
<br />you have any disagreements with any of it?
<br />KERN: First off, good morning all, and Happy New Year. We are not dealing with the cell
<br />phone tower, so it should be a lot easier. We have reviewed the recommendation and the
<br />conditions. Thank you to staff for doing a great presentation. For the most part, we agreement
<br />with them. We do have one sticking point that we'd like to have a discussion with you folks
<br />about. I also think your bringing up that conversation about the easement would also, maybe
<br />some language in there for some flexibility would be a good idea.
<br />Just for a little bit of background, I did contact the landowner in the back that holds the easement
<br />rights over there, and it's two sisters that are somewhat elderly. We talked to them about trying
<br />to potentially utilizing that easement to make one access or two accesses to not have to even
<br />utilize that, that easement, or kind of use existing infrastructure that would be going in. They
<br />weren't in a position to agree to that. They actually were thinking about selling the property.
<br />I'm not sure if they listed it or not, but that's what they were planning on doing, so we really
<br />couldn't finalize anything with them. So, I think having a little bit of latitude in the future
<br />wouldn't be a bad idea, but we did have that conversation, so unless the Applicants go otherwise,
<br />I think we went down that road.
<br />So, the, the issue that we're having is Condition F which is "Prior to issuance of a Certificate of
<br />Occupancy for a commercial use on the property, the applicant, successors, or assigns shall
<br />provide improvements to the subject property's entire Old Volcano Road frontage consisting of,
<br />but not limited to pavement widening with [concrete] curb, gutter, and sidewalk, drainage
<br />improvements, and" other related utilities, "utility relocation, meeting the requirements of the
<br />Americans with Disabilities Act and the approval of the Department of Public Works."
<br />So, that's a full-blown curb, gutter, sidewalks improvement. As most of you know, Old Volcano
<br />Road there, it's a little bit more rural. There's no curbs, gutters, and sidewalks anywhere in
<br />there.
<br />There was a rezoning that happened some years back on the, behind the Kilauea Lodge property,
<br />and there was a different condition in there that they just had them widen it for pedestrian and
<br />walking and safety that was basically a widened shoulder, paved shoulder. So, we kind of
<br />wanted to have that conversation. I think it would be, obviously makes sense to have some type
<br />of shoulder improvement on there to some degree, but curb, gutter, and sidewalks doesn't really
<br />seem to meet the general feel of Old Volcano Village. I think we'd actually have people out
<br />there kind of upset that we're curb, gutter, sidewalking that area. Furthermore, if you actually
<br />had a pedestrian going across or walking across there and then having to navigate over a curb,
<br />gutter, sidewalk for a 120 feet, it'd be kind of odd, problematic. So, that's our, that's the sticking
<br />point that we have. Otherwise, I don't see much of an issue, but on that note, I'd like introduce
<br />Dan Baumann with Kilauea Lodge and Seth Warner, who works with Kilauea Lodge. And, if
<br />you guys would like to add anything to that?
<br />EXHIBIT B
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