2009-10-02 TBOSCHETTI - Laserfiche WebLink

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which essentially would make this roadway lot a buildable lot would sort of complicate things until or, you know, could possibly complicate things. And I really don’t want to add a complication to resolving -. You know, I’m not, I’m giving full credit to the, you know, the applicant in terms of having an easement done. But, you know, that’s going to require a survey and, you know, I would imagine incorporating this easement into the development plans. And so I’m not sure how to address it. But I don’t want to, I don’t think we should take action, and then that would add a complicating factor in resolving the access issue. LIM:I guess it would be our position that the Planning Commission and the County Council has never taken into account private property interests. They look at the land use, you know, the land use issues and make a decision based on that. IWASHITA:Okay. I agree. And so my, the way I would frame my concern is that this is a roadway lot, part of the application is a roadway lot, and so, which there appears to be some title question involved. And so it’s an incomplete application because this title question is not resolved. And so it needs to be addressed before we move forward, is how I would look at it. LIM:Well, as far as we’re concerned we don’t have any title problem. It’s Mr. Paiva who has the title problem. So, you know, we’re willing to work him. And so I’d ask that you give us a favorable consideration so we can move forward on this application. We’re going to try to work it out with him if at all possible. I just cannot commit to you that my client is willing to grant him the easement cause I don’t have the authority today. ISHIBASHI:Well, just based on your design there’s no access for him. So if there’s discussion, how long is that process going on and why is there no access? Cause he would access through Kukuau Street. And the boundary of your plan is right on this boundary, right? LIM:Right. The intention was always to give him access through the, what we call the Parcel 80. ISHIBASHI:Kukuau Street? LIM:It’s just, yes. He has, there’s a drainage easement that comes down through the middle of his property as well as ours. And I’m not sure if your house is located on the -. PAIVA:The Puna side of the easement. LIM:Puna side of the easement, so he’d have to come across whatever bridge or culvert we put in our driveway and into his parcel. So we still haven’t, like I said, worked out the details of that; but that’s our intention. ISHIBASHI:So you would allow him on the other side of the bridge -? LIM:Yes. 11 EXHIBIT A