2005-01-21 THOLMES0114 - Laserfiche WebLink

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determination that since the house was built with an SMA exemption as a single-family dwelling that the cost should not be just the kitchens, it should be the cost of the entire dwelling. And, by making that determination it threw it into the arena of an SMA use permit, or a major permit; and thats why were here. The Director did recommend approval of that permit. When we filed the permit I was contacted by Mrs. Kjos who was concerned obviously about the condition of the driveway. I talked with Mr. Holmes at that time and said that Mr. Holmes would be willing to pay for his fair share of all of the-, I believe theres five homes that use that, five properties-, four properties they use that he would pay his share of the four to make improvements and to maintain it. And at that time Mrs. Kjos said that she would come up with a proposal on how that might be done and that proposal has not been forthcoming. But, yeah, Mr. Holmes is more than willing to pay his fair share. I think its unreasonable to ask Mr. Holmes, though, to pave the easement that serves all these other lots when it is in disrepair. I think one of the things that we have to ask in response to Mr. Grahams questions about it is that typically roadwayimprovementsareappliedatthetimeofachangeofzone.Thispropertyis zoned resort already; and so if hes unsuccessful with this, in all likelihood what will happen is that the house will become a vacation rental house, and it will operate under that scenario. Because those are his only options because he and his wife are not able to use the upper two floors and would not be reasonable for them to just live downstairs and leave the upper two floors abandoned. So that would probably be their option. So the question is, whats reasonable to require? Mr. Holmes is quite willing to pay his fair share to fix that roadway to improve the roadway that services all the lots. But hes not willing to pave the roadway for everybody else you know and care, take the full financial burden himself. Does that answer the question, Madam Chair? SPRINGER:If Commissioner Siracusa is satisfied with the answer? SIRACUSA:Yes. SPRINGER:Thank you. Other members of the Commission, questions for the applicants representative? At this time then Id like to invite Ellen Kjos to come to the table. Thank you, Ms. Kjos. If you could please state your name, your resident address and proceed with your testimony. KJOS:My name is Ellen Kjos. I live at 78-6701A; however, I own property at the 78-6703B address, which is adjacent to Mr. Holmes property. A, here again I-my complaint is that were polluting Kahaluu Beach Park, everytime it rains. Ive already supplied pictures. Mr. Holmes has owned his property before I owned mine. To my knowledge and to my- in the time that I have lived here, I have never ever seen him do any improvement to his parking area or his- the incline that goes up to his parking area where all of this problem begins. It comes down because its rock under there. It comes down like its on a pavement, and it creates a river that has even washed out the cement apron that goes up to our driveway or up to our carport. And it- this last rain on Sunday it filled the neighbors basement with the rock thats in there, continued on down, and on on to the road. After it hits Alii Drive you know where its going, its only one place to