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KNOWLES: And we are not taking it away now. <br /> VITOUSEK: But nothing is being added, right? This condition exists as was agreed upon <br /> previously. This applicant purchased the property, knowing the condition exists. There is no <br /> taking. This is an agreed upon condition of the SMA. It's just from here, can we make out a plan <br /> that works for everybody? And I think that the best way to do it is through the plan. <br /> Also, last thing I would add, as far as deletion of the other conditions, some of those conditions, I <br /> think you can change the wording a little bit but not delete, like Item 3 calls for the petitioner shall <br /> submit a landscaping plan to the Kailua Village District Commission for its review and <br /> recommendation; I'm assuming they've already submitted that plan, so what we would leave on as <br /> a condition is complying with the approved plan. Would that make sense to the Planning <br /> Department and the applicant? <br /> FUJIMOTO: As far as satisfying the conditions? <br /> VITOUSEK: Yes, as far as continued compliance with the conditions, the existing conditions. <br /> FUJIMOTO: We have no problem with that. We want to, you know <br /> VITOUSEK: Yeah, yeah. <br /> FUJIMOTO: —keep it looking nice. <br /> VITOUSEK: Would that make sense to you, Director Kern? <br /> KERN: I agree to what you are saying. I don't think it's necessary. I'm not, if it stays, it's not a <br /> big deal for me one way or another on that one. He has to comply with our landscaping rules, all <br /> the other rules and regulations that are currently in there, and if he were to come in to change <br /> something, he would still have to comply with those rules. So, by deleting those doesn't take <br /> away compliance with current rules and regulations or what was previously done. <br /> VITOUSEK: But I mean my reading of it is there is a specific landscaping plan that was approved <br /> for the property, right? <br /> KERN: And that's in his Plan Approval. <br /> VITOUSEK: That's in the Plan Approval, so they would have to continue to comply with that. <br /> Okay, that's <br /> KERN: That's right. <br /> VITOUSEK: that's all, I think. And to me it makes sense to leave it in there in case they <br /> decided to go cut the trees down for whatever reason or, you know, another, he sells it to <br /> somebody else and the other applicant goes like, oh, I don't have any landscaping requirements, I <br /> can do whatever I want. <br /> 16 <br /> EXHIBIT A <br />