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FUKE:I think you can do a repair of a non-conforming structure not exceeding <br />25% per year but any expansion would have to beconsistent with the prevailing code you know <br />whether its setback or height. So you know obviously like the structure cannot be expanded <br />maybe on the makai side or anyplace that would violate the current setback requirements. So, <br />the only expansion that could legally occur, as I understand it would be on the mauka side. <br />YUEN:But can you expand an unlimited amount on the mauka side? Putting <br />aside the special permit issue? <br />FUKE: If you had no square footage cap? I would imagine you could. <br />YUEN:I€m not sure that€s right. That you can keep - if you have a building that€s <br />non-conforming on, say on one side.What€s the problem with this building is that it€s non- <br />conforming to setback on one side that you can indefinitely expand it as long as you don€t make <br />thesetbackworse. <br />DARROW:Okayitsaysthat,anynon-conformingbuilding,thisis25-4-60,Non- <br />conforming buildings maintenance and repair. Any non-conforming building except as <br />otherwise regulated may be repaired maintained or enlarged provided that any enlargement or <br />addition shall conform in every respect to the regulations for the district in which it is located‚. <br />If the portion of the building that is‚, oh that wouldn€t apply. So we€re speaking of the building <br />itself not the use? <br />YUEN:Right. Right. It does sound like you can enlarge the building indefinitely <br />under the zoning code unless you put some kind of cap under the special permit process. <br />SPRINGER:Commissioner Siracusa? <br />SIRACUSA:Yes while we€re waiting for the Director, I was wondering if the parking <br />lot gets moved or even if it doesn€t then you put in- move the access 100 feet to the north and <br />then have to run a road to the parking area where it exists now. In either event would that effect <br />any of the macadamia trees or coffee trees? Because we don€t have any indication on the map <br />here where they€re located on the project site and part of the rationale given in the application for <br />this being okay for an agricultural use was that none of those trees would be disturbed and would <br />continue to be producing agriculturally. So, if Mr. Fuke could answer that for me please. <br />FUKE:That€s a very good question and that also relates to like the mathematical <br />apparent discrepancy. The agricultural, the macadamia nut and the coffee trees are all planted <br />mauka of the area and so they have like about, at this point in time approximately 4 acres in <br />cultivation. The remaining area is, as the staff pointed out, undeveloped. <br />SIRACUSA:So then moving the parking lot or putting the access road from the new <br />location to the existing parking lot would not infringe on that area, on that agriculturally planted <br />area? <br />FUKE:Correct. That is correct. <br />EXHIBIT A <br />6 <br /> <br />