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YUEN:Well, do you know if this lot counts as one lot in the CC&R€s, or if <br />you subdivided to eight is it going to count as eight, for purposes of these two-thirds <br />vote? <br />PACK:Well, once it€s subdivided, each new lot would have one vote. <br />FUJIKAWA:Yeah, it says right here. <br />YUEN:Okay. So then as long as none of the other lots gets subdivided, <br />you would have more than a third, right? You€d have 8 out of 21 at the end of this? <br />PACK:Well, actually, nine because my wife and I own another lot where <br />we live in the subdivision; but, yes, we would have 8 or 9. <br />YUEN:Youwouldn€thaveanyobjectiontohavingthatlotalsoboundby <br />this covenant that you would vote against a gate located closer than 60 feet from the <br />Ali i, from the Palani right-of-way? <br />PACK:No, no, that would be fine. <br />YUEN:Okay. <br />HARLOW:Perhaps I can shed a little light on this. Within the CC&R€s, there <br />is a definition of lot meaning Lots 1 through 15, as well as any separate parcels later <br />created from any of the properties described in the exhibit. So it applies to all future lots <br />as well. <br />FUJIKAWA:Mr. Pack, you have anything to say? <br />PACK:Nothing further, no. <br />HARLOW:I€d like to make a brief statement. I believe that the Background <br />Report covered this adequately, as well as the Recommendation prepared by staff and <br />approved by the Planning Director, but I would like to point out the following: This <br />project provides sorely-needed additional residential lots in close proximity to the urban <br />core of Kailua Village. The resulting density is going to be the same with this project, <br />whether the existing four lots were developed with a primary dwelling and an ohana <br />dwelling, or the proposed eight lots are developed with one single-family dwelling per <br />lot. So there will be no increase in density should this application be approved. <br />And, contrary to statements in Mr. Borns€ letter, Hoawe LLC has followed all applicable <br />rules and regulations in developing Pamahoa Estates Subdivision, and will continue to do <br />so with this subject project. <br />FUJIKAWA:Is there any question, Commissioners, with the Applicant€s <br />representative? Springer? <br />5 <br /> <br />