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VITOUSEK: Okay, Building Division. Do we have conditions in this special use permit that <br /> indicate that there will be no commercial use of this building until after a certificate of <br /> occupancy is accepted from DPW? <br /> ANDREWS: Jeff wants to jump in. Go ahead, Jeff. <br /> VITOUSEK: Go ahead, yep. <br /> DARROW: Well, again, this is one of those situations that we have the cart before the horse. <br /> And, you know, normally, the horse goes before the cart; people come in, they get their permit, <br /> they get the approval, they get the certificate of occupancy, and then they occupy. At this <br /> particular time this building has been occupied; it's actively being used for a particular use. <br /> They are trying to come into compliance. All of this, these conditions are bringing them, if <br /> approved, would be able to bring them into compliance. That would, once the Special Permit <br /> allows them to be able to operate as a permitted use this particular facility, they would be able to <br /> operate with the understanding that they've got to go through this process within a particular <br /> amount of time and get these permits and certificate of occupancyI believe it was one year, <br /> with the possibility of one year time extension. If they don't comply with that, they either come <br /> back to the commission or the permit is not valid; they wouldn't be able to continue utilizing that <br /> facility under this permit. <br /> VITOUSEK: And next question is the access. Is there a reason why the access is not included in <br /> the boundaries of the special management, or the special use permit application? <br /> ANDREWS: Are you referring to the square footage calculation of what the permit area is? <br /> VITOUSEK: Right, well, the graphic that was shown on the flood zone map shows a rectangular <br /> 2.3 acres project area for the Special Permit, but the access to that area is also a part of that <br /> commercial use. I'm just wondering why that's not included in the Special Permit project area. <br /> ANDREWS: Yeah, I guess the property map that you are referring to, which shows the flood <br /> zone, is referring to the proposed use, the area of the proposed use. But I understand your <br /> question that the driveway perhaps could be considered part of that required access for the <br /> proposed use. <br /> VITOUSEK: Yeah, as that's a part of the commercial use of the property, the access to the <br /> location that's being used, I think, will be pretty relevant. And one of the conditions is that the <br /> access be relocated to the future alignment of Kakalina Road. Is there a map that you have that <br /> shows the existing location of the road and the proposed relocated location? <br /> ANDREWS: One of our maps that I showed in the presentation does show the existing corridor, <br /> the road corridor. I can, I can share a slide. Give me a minute here. <br /> DARROW: Maybe I can just chime in real quick, Chairman Vitousek. <br /> VITOUSEK: Yes, please, yes. <br /> 9 <br /> EXHIBIT B <br />