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they’re got to move it, or if it burns down and has to be replaced, in which case they have to <br />conform with the setbacks. Or if Mr. Tuttle had been coming in and doing a subdivision and he <br />was selling off the other lots and this was then going to be set aside as a roadway lot that was <br />owned by everybody, then there might be a need to get rid of the encroachment. But I can assure <br />you that there are other properties on the island that have similar situations; and we basically <br />treat them as nonconforming and deal with them if and when either the building has to be <br />renovated, or torn down, or rebuilt, or if there’s something else that happens in the encroachment <br />area that requires that the building be torn down or moved. It’s odd, it doesn’t make sense. But <br />the problem is, is that a lot of these things are, back in the 1930s people weren’t paying attention <br />to where things were. And if a property owner owned all the land, then he didn’t care whether <br />he was straddling lot lines or he was straddling the road because he was the only guy coming in <br />on the road. <br />And if I’ve got the house correctly this is quite a beautiful older home with some beautiful, I <br />think it’s like some lava rock features on the main residence, then I was there in the 1960s and it <br />really is a beautiful old home; and it’s kind a neat ambiance. It’s rustic with the old structures <br />there. And then if, and I really don’t see a need to put some kind of condition that he tear down <br />the carport when he owns all of the land around this area and the people coming in, or coming in <br />on basically even though it’s designated as a road it’s pretty much like private driveway. But he <br />is aware that if something happens to that structure he would have to reconstruct it within, taking <br />into account the setbacks. <br />WOODWARD: Commissioner Iwashita? <br />IWASHITA: Just out of curiosity, Mr. Tuttle, do you know who built the house originally. <br />TUTTLE: James Johnston, he sold it in 1941 to Hawaiian Dredging. <br />WOODWARD: Oh, that’s the owner, okay. Who was the contractor? <br />TUTTLE: I don’t know. <br />LEITHEAD TODD: You’re thinking your father? <br />IWASHITA: No, my grandfather. <br />LEITHEAD TODD: Your grandfather. It’s a beautiful home. <br />WOODWARD: Okay. Commissioner Kern. <br />KERN: I’m ready to make a motion. <br />WOODWARD: Okay. If you’d have a sit, sir. Thank you very much. Okay, Commissioner <br />Kern. <br />15 <br /> EXHIBIT D <br /> <br />