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G. YAMANAKA: If I can add, I think what spurred it was we had a few applicants looking for <br /> approval of use and the process to do it took so long and the answers we got back were vague <br /> and the reasoning behind it was that we had the Open zoning and we had reverted back to that. <br /> So, it had never really been an issue prior to that in our mind and so once that happened in <br /> talking with the ownership group, I said this is something we really need to address. We did start <br /> this I want to say maybe a year or 2 years ago so it's been a long process just to get here. <br /> REPLOGLE: Thank you. <br /> LIN: Thank you. <br /> ROY: Raised hand. <br /> REPLOGLE: Alex? <br /> ROY: I just want to add that when the Banyan Drive Hawaii Redevelopment Agency <br /> (BDHRA) was active Garth came in front of the agency and presented the history. He gave a <br /> really cogent presentation on that and Banyan Drive that agency sent a letter of support for this <br /> rezoning and I'm with Garth I think that was 2 plus years ago that we started this process. So, <br /> he's been working this at least with myself for the past couple years. <br /> REPLOGLE: Thank you. Anything further Commissioners? <br /> CLARKSON: Raised hand. <br /> REPLOGLE: Mr. Clarkson? <br /> CLARKSON: One last question and this is also for the Planning Director. I assume that this is <br /> not the only non-conforming use in Open zoned areas that have been grandfathered in over the <br /> decades and I also assume but want to conform with you that there's virtually no money for <br /> eminent domain condemnation and buying out of owners of non-conforming properties in order <br /> to make the property use conforming. Is that the case that that is not a possibility that this <br /> property could be turned into a park or some other recreational facility that would conform to the <br /> existing Open zoning. <br /> KERN: Commissioner Clarkson, yes, this is not the only property in this type of situation. I do <br /> not have the data on the extent of the other properties and you are also correct that to my <br /> knowledge there are no funding sources available at this time especially in the current economic <br /> situation that we are in to really even begin to entertain that at this time. I would say the only <br /> other focus would be more on the Public Access, Open Space and Natural Resources <br /> Preservation Commission (PONC) which would be related to them acquiring like open spaces <br /> and there's a lot work for them to do there. I don't think this would fit into that criteria maybe at <br /> some point in the future Federal monies could be available I don't see it from a County budget <br /> standpoint happening for" " I couldn't even begin to venture when. Does that answer your <br /> question? <br /> 11 <br /> EXHIBIT B <br />