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actually, we normally don€t repeat the conditions, the change of zone conditions in the SMA <br />conditions. We say that you comply with the zone change conditions. <br />GRAHAM:I don€t- of course I don€t dispute what you say since you know but it <br />seems to me that the SMA permit is being granted on the Conditions that we€re seeing here <br />today. And so that if in fact in the future be it 10 years from now whenever if the conditions <br />were such that we wouldn€t want to grant an SMA permit but maybe the County Council would <br />grant an extension to the zoning we wouldn€t be covered to be able to deal with the SMA new <br />again so I would think we should include those time conditions also within the SMA permit. <br />SONG:Mr. Graham my client would have to objection to time restriction in the <br />SMA permit. <br />GRAHAM:Thank you. <br />SONG:Mr. Galdones there are a couple of matters that were some questions <br />beforeandIthinkwewouldliketoclarifysomeissues. <br />GALDONES:Proceed. <br />SONG:Firstofall,therewerequestionsabouttheexistingbuildingorwhatwas <br />originally proposed and, for this property under the existing SMA permit and what is proposed <br />now. The building that was proposed was approved back in 19-. The permit that was approved <br />in 1988 that received Plan Approval actually it was 45 feet high in accordance with the zoning <br />code. So this building is no higher. And it was actually larger in bulk than the existing building <br />because there wasn€t a road reserve in the property. So the units were larger. It was only 48 <br />units but the units as proposed were much larger per unit but the size of the building was actually <br />a bigger building than what is proposed right now by Mr. Nee and his architect Mr. Getman. So <br />we€re not increasing anything size wise. My client did this because he felt that when you look at <br />Alii Drive in that area there is a walking environment along Alii Drive. And that commercial on <br />the ground floor made sense because when you see people they€re walking along Alii Drive. <br />Huggos is across the street. The Royal Kona Resort is across the street. There€s that <br />marketplace down, just right next door. And so we just felt it would be a better feature and a <br />better amenity. But in order to do that meant changing the zone and getting an SMA permit. Mr. <br />Yuen wanted to see this road reserve and my client then agreed to put in the road reserve to have <br />a connecting road between Kuakini and Alii Drive in order to go ahead with the zoning and <br />SMA. And it has taken a lot of work to redesign the building cause this is only an acre site it€s <br />not a huge parcel. And- but, and his architect has been working very diligently trying to meet <br />Planning€s concerns about height. And in fact there is a letter from my client that he will comply <br />with the height limit if any redesign is necessary or a reduction even in units to comply with the <br />height limit, my client is willing to do that. So, there€s not going to be any request for any <br />variance or any way to go exceed the height limit for this building. The other thing that was also <br />asked is about a waterline. The existing waterline is an 8-inch line. There€s going to be about <br />1100 feet of it that€s expand- that€s wide- that€s increased to 12-inch, which is a significant <br />improvement as well along Alii Drive for fire fighting purposes. And finally, this application <br />just from my clients and Mr. Getman I€m sure will have more to say. This application the notice <br />EXHIBIT E <br />12 <br /> <br />