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from this property. And so I am entitled to inquire as to the legal foundation, a legal right <br />of the Planning Department to place such a limitation on the use of private property. And <br />Mr. Yuen has given a number of hypotheticals in his responses to the questions. And I <br />feel IÓm entitled to ask a hypothetical question. <br />OÓTOOLE:Well, let me just say he already answered about the viewplane and the <br />mauka view. But now heÓs saying, well, what if Mr. Blasman wanted to say this, I <br />think -. You know, itÓs not necessary. He has already answered that he believes that you <br />can, the Planning Commission could put a condition that would block the mauka view. <br />GIFFIN:IÓd like to ask Mr. Yuen to answer that question, and then, because I donÓt <br />view it as a hypothetical since it is on the record that the BlasmanÓs do plan to have a unit <br />on the subject property and it was established that Mrs. Blasman is of native Hawaiian <br />descent, too. <br />OÓTOOLE:Yes, but she has not testified about her position on the view. <br />VITOUSEK:ThatÓs Î. <br />OÓTOOLE:ThatÓs your ruling. <br />VITOUSEK:Hypothetical questions are completely appropriate. <br />GIFFIN:Anyway, I would like to hear Mr. YuenÓs answer. <br />YUEN:I think that her desire, or even if they were not Hawaiian, the developerÓs <br />desire to have a good view for the occupants of the building is an interest that deserves <br />respect and consideration. And I recognize that in making this recommendation, I am <br />taking away something that is an amenity to the project, and may have been an amenity <br />to Mr. and Mrs. Blasman if they chose to live in it. And I think that, like I spoke on <br />other, of other kinds of concerns as being things that need to be taken into account. If she <br />said that she didnÓt, she was unhappy because she wanted to be able to look mauka and <br />makai, she related that, she related that she believed that was her, first of all, I would <br />think that has to be taken into that account and considered, respected and tried to be <br />accommodated. But it would not necessarily be something that co <br />in the overall balance of interest. And the same thing would, well, I think, thatÓs my <br />answer. <br />GIFFIN:Thank you. Mr. Vitousek, do you have anything more, not <br />hypothetical? <br />VITOUSEK:Yeah, I do. <br />GIFFIN:Oh, good. <br />VITOUSEK:But not on this hypothetical. <br />28 <br /> <br />