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ELSTON: Yes, also spent $1500 of my own money repairing the road. <br />KERN: Does that answer the question? Any other? <br />LEITHEAD TODD: Yes, it does. Cause I did have some concern after, you know, looking at <br />this. Because I believe when we approved a commercial kitchen up in Volcano there was some <br />type of a condition that they had to contribute to road maintenance up there. This was the, was a <br />subdivision and they had a commercial kitchen. I remember it was an issue because there were <br />concerns about additional traffic and whether they were going to hold special events. <br />I don’t know that there’s significant additional traffic from a bed and breakfast versus a farm <br />operation with heavier trucks, versus a family with many children. I have children.I’ve got four <br />vehicles at my house and frequently five, or six, if you add unexpected overnight strays. So I <br />don’t think it’s the level of traffic. <br />But I do think that if you are going to have a commercial type of operation that you should <br />remain current with the association fees. Because I would hate being in a situation where we <br />approve a special permit and they’re deriving benefit from that special permit because they are <br />charging, you know, fees for people to stay there and then they’re not contributing to the <br />community association. So I would not be adverse to an additional condition that as a condition <br />of the special permit that they have to stay current with the road maintenance fees. <br />KERN: Corporation Counsel? <br />ELSTON: Would you add a condition that the homeowners association has to keep the roads <br />currently repaired? <br />KERN: We can get to that in a minute. Corporation Counsel? <br />MECKLENBURG: Yeah, I just wanted to address Commissioner Ishibashi’s question as well. <br />The conditions that were proposed by the Association do speak to kind of the enforcement of the <br />bylaws and an indemnification of the Association. For this Commission we seek, the conditions <br />that we place on it should further a legitimate public purpose; and enforcement of a private <br />association’s bylaws and such would not be considered a public purpose as such. <br />KERN: Quick question, though. Keeping with what Madam Director said a minute ago with <br />putting in that the applicants stay current on association dues and fees, that would be kosher? <br />MECKLENBURG: I think what the Director is looking at is maintenance of roads and seeking <br />to make sure that the roads are maintained, which is a public purpose, yeah, pertains to public <br />welfare, so that may be acceptable. <br />KERN: Very good, thank you. Okay, now that we’re semi out of order, if you want to give <br />your presentation or talk about anything else you want to add to the application, now is your <br />time. <br />ELSTON: Well, I have nothing to add. Everything that I proposed was in my application. The <br />bed and breakfast would be starting out with three rooms to rent. It’s a four-bedroom house. <br />The house is large enough to expand it into at least a five-bedroom house. However, to go to a <br />six-bedroom house, which would be for five bed and breakfast rooms, I would have to do a <br />Health Department, get a new septic facility to expand beyond that, which would require me to <br />get permits. Or if I were to build another facility on the land I’d have to get building permits for <br />that too. I don’t plan to do that any time soon cause I don’t even know how this thing is going to <br />4 <br />EXHIBIT A <br /> <br />