2011-03-03 ExhibitA - Laserfiche WebLink

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RECESSED – The Chair called a short recess at 9:21 a.m. __________ RECONVENED – The meeting reconvened at 9:35 a.m. rd KERN: I’ll call the March 3 Windward Planning Commission back to order. Madam Director? LEITHEAD TODD: We met with staff and they basically brought up the issue that there have been prior bed and breakfasts in this area where we did not put this condition on. And so this would be treating him different than the others. And the Association does have the ability to go after him by putting on a lien on his property if he doesn’t pay the fee. And then the broader philosophical issues of whether, you know, we should be addressing the placement of B&Bs in areas where there are unpaved roads is something that the Department will be addressing later. But I’m going to suggest that to be equal with the other ones that condition that I had suggested earlier should not go on, just because all the other B&B permits didn’t have the condition, and the fact that the Association does have the authority to put a lien on his property if he doesn’t pay. So sorry to put you through this exercise. DOMINGO: Mr. Chairman? KERN: Commissioner Domingo. DOMINGO: Yeah. But in deference to the applicant, hasn’t it been such that throughout time additional homes have been built, additional bed and breakfasts have been, are there and being considered, therefore, does it not warrant this condition to be inserted in the condition of approval? You know, I’m just thinking out loudly. And another issue, the Point No. 3, the owners from the, the letter from the Association with regards to the owners and their patrons must understand and acknowledge that should any of their patrons sustain damage to their vehicle, the Association and its members shall not be held liable for damages incurred -- and that’s, you know, the Association’s roads. So, and they went on to say that, “If these conditions are not included in the permit then we have to oppose the issuance of this special permit.” ELSTON: May I be heard? KERN: Just give us one moment. You may have a seat. Any comments? DOMINGO: Yeah, just a thought that I have. And I, you know, when you think about the responsibility or some action that may be taken against the applicant, or the Commission, or the County, it’s something that runs through my mind. I want to make sure that everything has been addressed properly. ONO: Mr. Chair? KERN: Commissioner Ono. ONO:Well, I would like to ask one question. He had a response on the previous, but I do have a follow-up question. KERN: Okay, you want to come forward and issue a response? ELSTON: William Elston again. My take on this is that the homeowners association for whatever dispute they may have with me, or I with them, we all have a remedy available to us. The road conditions, I don’t think either I, or the homeowners, or this Commission for that 6 EXHIBIT A