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2005-01-21 TLAURANCE
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2005-01-21 TLAURANCE
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section that Ive quoted now makes it very clear that the term reasonable use of land is a <br />reference to the use, the request, the requested use of land. And, were not requesting permission <br />to build a house, we dont need permission to build a house. Okay. <br />GRAHAM:Mr. Torigoe, does that strike you the same way that were hearing? <br />TORIGOE:This is normally the kind of question that, you know what, in the past this <br />is not the kind of question that you would ask your counsel on the record because this may end <br />up, you know, being appealed. And so, if you want to ask me my opinion normally you go into <br />Executive Session to ask that kind of question. You could ask the Planning Director as a party <br />for his view of that. But if you wanted to ask me on the record then, you know, that is going to <br />basically waive any kind of privilege that we may have to discuss the issue. <br />GRAHAM:Since the document Im referring to was put forth by the Planning <br />Department,ImwillingtoaskthattoRoy,ourAssistantDirector. <br />TAKEMOTO:Therecommendationstemsfromadifferentpointofviewfromthe <br />applicant. We interpret it as the area to be considered as the lot. Because in 10-, whatever that <br />section B, subsection B states, it goes- it says, The determination of the reasonableness of the <br />use of land shall consider factors such as shoreline conditions, erosion, surf and flood condition, <br />and the geography of the lot as it relates to health and safety. And the point about the house <br />being a permitted use on the lot, a lot of times there are uses where it depends on what you can <br />do in the shoreline setback area. I dont know, maybe a wastewater treatment plant where <br />youve got to extend an ocean disposal pipeline through the shoreline setback area. You have to <br />go through that area in order for that primary use to be permitted. So, in that case, what happens <br />within the shoreline setback area determines what can happen on the entire lot. <br />SPRINGER:Commissioners, other discussion at this time? If there is none Id like to <br />invite the testifiers who have signed up to testify on this matter to come forward at this time. Im <br />sorry, Mr. Vitousek, is that agreeable with you? Are you pau? <br />VITOUSEK:Yes, yes. <br />SPRINGER:Thank you. Perhaps if the applicant and his representative can stand back <br />from the table. So far we have three people signed up: Josephine Keliipio, Dale Laurance, and <br />Janice Palma Glennie, and Mr. Rothstein as well. <br />Good morning, well take testimony from the three members of the public who have come <br />forward starting with Ms. Keliipio. If you could please give us your name and residential <br />address for the record. <br />KELIIPIO:My name is Josephine Keliipio. I live at 76-168 Royal Poinciana Drive, <br />Kailua-Kona. <br />SPRINGER:Thank you. You may proceed with your testimony. <br />9 <br /> <br />
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