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2008-09-04 TNORTH KOHALA CDP
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2008-09-04 TNORTH KOHALA CDP
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landowner than already exists under the present way that these applications are <br />processed? <br />YUEN: It doesn’t increase the Department’s power under existing law. It <br />provides an idea of what the, when you are reviewing an application for public access <br />what the community has expressed as wanting in the area. <br />IWASHITA: Okay. For public access, the concern that I’m hearing expressed is <br />that somehow this list increases the burden on a particular private landowner, you know, <br />where these trails are identified or these access areas are identified. And my impression <br />or my understanding is that it would not have that effect. Because under those situations <br />where access would be addressed, those applications, these trail or access issues that <br />already, they don’t identify anything new. They’re out there, they’re real, and so they <br />would be brought up in the course of reviewing such applications anyway, without this <br />list. <br />YUEN: The Department is, you know, under the circumstances I outlined, <br />the Department, in looking at subdivisions, are supposed to look for public access. <br />Without this list, I mean this list provides them a guidance as to specifically what the <br />community would like in the area. Otherwise, it’s a matter of staff or the Department <br />trying to figure out what people might want to do. <br />IWASHITA: I understand. Okay, thank you. <br />LUCE: Mr. Chairman, I’m ready to withdraw my request at this time, in <br />the interest of time, and let you folks move forward. I have another arena to take my <br />concerns to. I just wanted to point out that -. If I can draw your attention to page 46, <br />Action Steps in Section 2.3, page 46, the Intended Outcome of 2.3 is at Chapter 34, <br />which was cited by the Director, “will be amended, clarified and improved. County <br />decisions and requirements…will be more consistent as a result.” When this is adopted <br />as ordinance, Mr. Chairman, this is Chapter 34 and Rule 21, it’s not a should be <br />considered, “will be amended.” This list is a plank in the platform of moving forward an <br />agenda of a small group that has been working quite a while to impact property owners, <br />and it does. If there’s no list, you don’t have to disclose it. If you don’t disclose it, if it’s <br />disclosed it puts a cloud over your title because the buyer would not know what would <br />happen. It does impact the way it is now. If there’s a specific trail, it’s known, a buyer <br />can say this is on the map, it’s a good map. It’s clarified like I asked for. I only asked for <br />clarification on the map. But if it’s left as it is, it is a hardship. But I’m willing to <br />withdraw my request and take it up at the County Council. But I do want to point out that <br />adopting this plan by ordinance does call for changes to Chapter 34 that the Director was <br />hanging his hat on as to what we do now. This plan intends to change that. Then, <br />Mr. Chairman, in the interest of time I’d like to just withdraw my request. And thank you <br />for adding consideration of landowners in the designation of cultural sites. <br />WOODWARD: Yes, sir. Do we have any other questions or comments from <br />Commissioners? Commissioner Iwashita? <br /> EXHIBIT C <br />18 <br /> <br />
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