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2007-07-20 TRoyal
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2007-07-20 TRoyal
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basically we’ve had testimony, you know, such as the testimony of Mr. Tyler and others <br />who have actually witnessed and seen the walls before they were destroyed -- to say that, <br />you know, the walls are actually now 10 feet inside the boundary on this property, <br />whatever it is, the owners in the future can say, well, wait a minute, we have all our rights <br />established here you can’t take those away from us without compensating us, and so <br />forth.So what I’m saying is because there is this present uncertainty about the location <br />of the trail that what we can do is establish a preservation area that would allow, you <br />know, whether it’s 20 feet, or 15 feet, or whatever it is, you know, that would allow for <br />the future restoration of the Judd Trail, when that happens. And to be very frank with <br />everyone today, I really would like to have it happen. To me these are the kinds of things <br />that make our community unique, this is why people come here from other places, and <br />that we really need to take the extra effort, take the extra time to do this, and do it right. <br />YUEN:Can I jump in just for a moment? <br />WATANABE:Go ahead. <br />YUEN:I have to ask the Commission to be reasonable to people that come <br />in for applications. The Judd Trail itself is only a 10-foot wide right-of-way. First of all, <br />I don’t think it’s reasonable to require this landowner to reserve a right-of-way for the <br />Judd Trail to be re-established on his property when there is no evidence that it was on <br />his property. Second thing is that the owner has already agreed to a 10-foot wide no- <br />building setback. If it’s the desire of the Commission that a condition say that that would <br />be an area where the Judd Trail can be relocated into, I see Mr. Lau nodding his head, <br />and if he’s willing to agree, I certainly don’t disagree with that. But, as I say, they’re <br />preserving the Judd Trail on their property and there’s no evidence that it continued, <br />except where the stonewall was and perhaps some prolongation of the stonewall that does <br />not create a jog. <br />LAU:In conferring with Mr. Tyler, Mr. Tyler feels that a 10-foot buffer <br />area would be sufficient in the event that we had to restore portions of the wall as <br />requested by the State. So Mr. Tyler is in agreement with 10 feet. <br />IWASHITA:That will be 10 feet along the existing boundary? <br />LAU:Correct. <br />WATANABE:Okay, Mr. Graham? <br />GRAHAM:Can I ask one question of the Planning Director? I don’t really see <br />th <br />us timing sequence here, looking at the May 30 recommendations and all. So like the <br />metes and bounds survey that they’ve agreed to do and all, is that going to happen before <br />subdivision gets done or -? And all these conditions, I don’t think it really says before <br />this and that happens, these conditions have to be met and all. So I’m just wondering if <br />maybe if the metes and bounds survey were done before any grading and work were <br />done, that would be real clear where we have the trail; and we don’t have to turn around <br />EXHIBIT A <br />27 <br /> <br />
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