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access right now is much better as a result of this continuation. So the applicant is prepared, not prepared but happy with that. I would also like to note that they reviewed the proposed conditions and found the conditions to be generally acceptable. And I would like to partially respond to Commissioner Grahams question and (inaudible) through a condition and thats condition number 2, which requires the submittal of a metes and bounds description. What you see on the plan there is the 10,000 square feet was generally reflective of what you see right now. However because of the change in the location of the access there is a potential that the parking area may actually shift further north and in that event then it may exceed the 10,000 square feet area. In which case then if the parking lot shifts further north then what happens is that between the parking area and the existing store what the applicant may want to do is like provide landscaping and things like that rather than having the parking lot you know adjacent to the store. So if the submittal of a metes and bounds description is fine you know if, with the understanding that the 10,000 square feet would include like the existing store and maybe if we need to create a separate one for the parking area. But generally limiting the whole activity to 10,000squarefeetImeanitsabsolutelynotanissue.Sowiththatunderstandingyouknowthat condition would be acceptable. Also on condition number 4 you know limiting to the, the use to the existing, the store I mean thats again you know in concept its not an issue. However because of the need to comply with ADA requirements you know and putting in a ramp and possibly putting in a restroom facility they may need to expand you know to accommodate those kinds of needs. And if any expansion however would occur mauka of the building you know and not on the makai side. And so if the Commission or the Department would consider like this proposed amendment and that is like it would read, Condition number 4 would read, The retail use shall be limited to the square footage of the existing building. And so, this would then allow for the applicant to make the ADA accommodation maybe put in a storage shed on the, adjacent to the existing structure for different type of use but none the less the retail activity would still be no more than what presently exists today. SPRINGER:Thank you Mr. Fuke. Mr. Yuen do you have any comments with regard to Mr. Fukes testimony on conditions 2 and 4? YUEN:On 2 just so Im clear what youre talking about is changing the site plan of whats covered by the permit from what we see up there. But you would still be able to fit it in 10,000 sq. ft. You dont see a problem with making it fit 10,000-sq. ft.? FUKE:Yeah. Correct yeah but it may not necessarily be 10,000 contiguous feet thats what I was trying to point out. YUEN:Hmm. Um, hm. FUKE:Because the parking lot may you know shift further north and in which case then it would encompass if you were just going to take the perimeter of the entire area then itll probably exceed 10,000 sq. ft. If only the driveway access is relocated then its not an issue but I think that there may be a potential for the parking area to also be shifted further north. YUEN:I dont have a problem with doing that I just gotta think of the best way to do this. Because I think the application came in as a 10,000-sq. ft. area. EXHIBIT A 4