2020-09-21 Leeward Exh A (SPP 20-000218)

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CARR SMITH: Mr. Van Pernis, please stop interrupting. Can you let him finish his thought, please? KERN: I'll just say in this case we don't have that mechanism to make it easy, but as, to answer your question, yes, the applicant is willing to make some improvements within reason. VAN PERNIS: You can unilaterally? There is no association. The majority of landowners don't approve this use. So the question is, does Ms. Hickey agree to build improvements to the road for the benefit of her property regardless of any association or other landowner? KERN: Yes, Commissioner Van Pernis, I, I believe I haven't stated otherwise that, that she is I'm just saying it makes a little more challenging not having the mechanism, but, yes, the applicant is willing to work on road improvements or a mechanism to help fund road improvements that are within reason for the activities that they are doing. VAN PERNIS: Are you talking about association? I'm talking about unilaterally by Ms. Hickey. Exclude association KERN: I'm talking about improvements, I'm talking about improvements or a mechanism to fund the road improvements on the roadway, period. VAN PERNIS: So I take that as she is unwilling to unilaterally improve the road. KERN: That's not an accurate statement. VAN PERNIS: What road improvements would she be willing to do unilaterally? CARR SMITH: I think we are being a little repetitive here. VAN PERNIS: All right, let me move onto another subject. This may be for the planner, the last person. How many of the improvements, parking, etcetera, are on the common elements of the property owned by numerous, all the owners up there? KERN: To our knowledge, all the improvements would be made, or what we commit to is all the improvements would be made on the CPR parcel that is owned by the applicants. VAN PERNIS: I understand the CPR, but CPR includes limited common elements and common elements, which are owned or influenced by persons other than the CPR owner. KERN: Right, I mean, so, we are all pretty aware that this was a, quote/unquote, subdivision, by way of CPR, and in these cases, it was an 80-acre parcel that each lot got 20 acres, so each person is allowed to use their 20 acres with, to have their property rights. And so they would have their VAN PERNIS: - - -rather than answer about the location, let me ask the last person. How many of the elements have been drawn around the common elements owned by other property owners? 24 EXHIBIT A