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WATANABE: Yes, Ms. Siracusa. <br />SIRACUSA: Referring back to the other shot of the deck as seen from the side where <br />you can see all the (speaker noise) substructure -. <br />DARROW: Unfortunately, it appears that our system is being interrupted by cell <br />phones. So if we could ask if anyone does have cell phones even on vibrate, it might be better to <br />just turn them off at this time. Thank you. <br />SIRACUSA: Thank you. And the -, Jeff, you said that the picture was taken – that’s the <br />one, back, yeah, that’s the one – was taken from the Juvik property. <br />DARROW: Correct. <br />SIRACUSA: So I’m wondering what kind of distance do we have there, and is there <br />some landscaping between those two parcels that -, I mean, did you have to be on Dr. Lelah’s <br />side of the property line when you took that picture or was it from the Juvik side? <br />DARROW: This – just to clarify, we had someone from the Kona staff go out for us <br />and take some pictures for us – but this picture is from the Juvik’s property looking towards the <br />applicant’s property that I believe – and the applicant can correct me if I’m wrong – I believe <br />that the property line is pretty close where that yellow tape is on the ground. Is that correct? <br />R. LELAH: Yes, that’s correct, Commissioner. <br />DARROW: Okay. So there was an issue that the deck may have been infringing on <br />the setback; so at this time the applicant was in the process of cutting back the deck to be out of <br />the setback but they had come to agreement with Mr. Juvik to even cut it back further. One of <br />our conditions is going to require the applicant to put landscaping between the two properties. <br />SIRACUSA: That was the basis for my question; I was going to try to figure out how <br />close to the property line that was. So -, because it looks like something really ugly to look at <br />from a neighbor’s side, and I was wondering, if the landscaping would be further away on the <br />boundary, it seems to me that you would still need some landscaping around the base of this deck <br />in order to hide that. Was that your intention? <br />R. LELAH: Yes, I can address that, Commissioner. First of all, that picture for the <br />purposes of this meeting is actually -, doesn’t represent what this is going to end up being. The <br />land drops off significantly as you move toward makai. And what I had spoken to Dr. Juvik <br />about was that we are actually going to be removing most of that deck. So most of that is not <br />even going to be there; only the back 25 feet of the deck will remain. And if you would look at <br />the post and pier that holds the makai region of that 25 feet, it’s much less in height than <br />anything like what this is. So that’s the first part, that the deck will be really quite small. The <br />second part is that when I spoke with Dr. Juvik, we were talking about he wants to -, where the <br />yellow string is over there, that actually is the property line and then his setback area and he <br />wants to plant some koa and things over there, as he told me on the phone. What I was <br />EXHIBIT A <br />12 <br /> <br />