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responding to, confirming that DLNR has accepted the archaeological report as well as <br />mitigating measures. <br />A letter dated March 27, 2003, from Department of Water Supply, basically outlining <br />their requirements for water. <br />And finally, a letter dated March 28, 2003, from the applicant's representative to the <br />Planning Director outlining their response to Department of Water Supply's comments. I <br />have nothing to further add at this point. <br />YUEN:Let me just follow up one more thing about the variance <br />application. When people apply for a variance, this does, you do have to, you send notice <br />to the neighbors. There's a public notice, so the Director can't make a decision until those <br />people have had a chance to comment. So I can't sit here and commit that there will be a <br />variance granted. The point of having this discussion now though is that ordinarily we <br />don't, the Department does not recommend rezoning, when even aft <br />project will have to apply for a variance to go through, realistically. But in this case, <br />given the circumstance, and that they do have the two meters and that it's only a two-lot <br />proposal, we are giving some leeway from that normal rule and that normal condition that <br />we have. <br />KUBOTA:Thank you. May I just add to that? Perhaps my use of the word <br />pre-empting was a little bit overzealous. However, I do understand that you are giving <br />them some leeway by not pre-empting it. Of course, I don't think we have the authority <br />to do that. Thank you for the clarification. I have one more, <br />GALDONES:Commissioner Kubota. <br />KUBOTA:Daryn, in the condition, oh, I just had it and I lost it. Okay, just a <br />minute, I'll find it. It was a condition that I wanted to ask about, the wording on it. <br />Norman, this is a good example of why I need to have this in goldenrod. Okay, I have it <br />here. Condition G, on Page 2. The sentence about midway down, "The restriction <br />prohibiting the construction of a second dwelling unit may be removed by amendment of <br />this ordinance by the County Council." That's the first time I've seen that worded that <br />way. Why was this addition put in there, that sentence? <br />ARAI:The Director recommended that language simply in recognitio <br />that once adopted into law, it becomes law. And I should say the subdivision owners <br />affected by this restriction in the future may, say the situation changed. For example, <br />water, it looks like the Director is going to -. <br />YUEN:No, go ahead, finish what you're saying. <br />ARAI:Should the restrictions that is necessitating this limitation at this <br />time change in the future, say as access improves, water availability improves, they may <br />amend their covenants and restrictions to then permit additional dwellings on the parcel, <br />5 <br /> <br />