2021-07-01 Windward Exh C Kirpal Meditation & Ecological Center SPP 20-220

Home

SUSSMAN: Oh, we've had several surveys the most recent was 2017. Where the encroachment the actual line was delineated across our up-mountain side that borders Keri's property. And we realized at that point that we had that one-foot encroachment and the other two setback issues so, that was at that point just back 2017 or so by I forget the surveyor's name. So that's all in the records and we would be able to verify it because it's only 400 feet from one side to the other and we're going to move the buildings way beyond the 20-foot setback requirement. I don't know if that answers your question. LIN: Well, I guess my question is for the Planning Department right, how are we verifying when somebody does a complaint like this, how are we going out and verifying that there is a violation of Planning Code and setbacks? KERN: So, when a complaint would be filed then we would contact the property owner and we would go out there and we would assess it on certain areas that we wouldn't necessarily know, you know on a setback. Sometimes there's a visual observation or if there's needed then we would require that a licensed surveyor do that and actually plot that out on a plot plan showing where the location of those buildings would be. So, it kind of varies depending on the nature of the encroachment, nature of the complaint, nature of the situation but at the end of the day it would be verified by a survey. LIN: In this situation, the Planning Department did not take pictures of any violations other than what is provided by the applicant? KERN: Yeah, in this situation, in this case we're not looking at it necessarily from the violation standpoint, we are looking at it from an applicant,you know, saying this exists, this is here and we're just trying to correct it on a separate matter that would be a kind of a different, different element within the Department that handles those and sometimes there is a connection between those. But, in this case we're taking it at their word. LIN: Thank you for the clarification. REPLOGLE: Is there anything else? Well Commissioners, I'll entertain a motion for action? Mr. Clarkson? CLARKSON: I actually do have one more question for staff. REPLOGLE: Okay, please go ahead. CLARKSON: So, for the Director, this is quite an extensive list of activities that are going to have to be undertaken by the applicant as far as the revised conditions go, will the conditions all have to be met before the applicant is allowed to use the property as indicated in the permit or will the applicant be able to use the property during the time period in which the conditions are being met? In other words, for the will the public be able to enter the property and rent bungalows and whatever and have retreats? 11 EXHIBIT C