2003-07-28 TBLASMAN (4) - Laserfiche WebLink

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YUEN:Okay. VITOUSEK:And we should be relatively straightforward. And so whether or not the Applicant will, you know, accept it and be able to perform that type of condition, thatÓs another issue. But, at this point, what IÓm trying to do is get at the legal foundation for your, for your belief that youÓre authorized to impose this type of condition to preserve historic sites. Fair enough? YUEN:And preserve the experience that people have and the integrity of historic sites on adjoining property. You could impose conditions and restrictions such as a 100- foot setback, such as donÓt build over one story. When there is an SMA permit involved that limit what they can do. The need for it is allowed by the VITOUSEK:Okay. Fair enough. I think the other, one of the issues that was discussed was the view from the units towards the cultural site, isnÓt that correct? YUEN:Yes. VITOUSEK:And how would that impact on members of the public if people who lived in nearby houses saw members of the public or tourists enjoying a cultural site? Do you think that would be an adverse impact? YUEN:Probably not significant. VITOUSEK:But thatÓs one of the -. IÓm sorry. Go ahead. YUEN:ThatÓs, the impact that was expressed on people wanting to conduct ceremonies and practice, and have cultural practices, I would think of that as significant. Whether, and I do think that the experience, itÓs hard to separate. I think that the, that the impact on the experience that a person has if they go to the site and they see these buildings is significant. ItÓs hard to separate if, as to whether that was, would be much more if they thought that somebody was looking at them through the window or not, I donÓt think that that part of it greatly increases the impact. No. VITOUSEK:That was an issue that was mentioned with respect to cu on the site, that they -? YUEN:Right. VITOUSEK:And so any limitation on the ownerÓs ability to have a view mauka from their property would be imposed as a means of protecting the exercise of native Hawaiian customary and traditional rights on the adjoining property, isnÓt that correct? YUEN:That is a cost to the landowner by having a condition like this, yes, and to the future occupants of the property, yes. 25