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approval. Commissioner Van Pernis opined that it would be a violation of the SMA permit for the <br />Commission to approve the application without the condition, and that the Commission’s action <br />should be compatible with the permit. Commissioner Roth pointed out that the work specified in the <br />SAA determination letter had been reviewed and approved by the Commission previously \[at the <br />September 1, 2015, meeting\]; therefore, it was his understanding that the applicant had already met <br />the condition. He further said that according to Mr. Mark’s earlier comment that the Commission <br />could review the current proposal either before or after the SMA process, it did not seem to matter <br />whether or not the condition was attached to the Commission’s approval. Commissioner Van Pernis <br />referred the Commission to Condition No. 3 of the SAA determination, and reiterated that the word <br />“shall” meant that it was mandatory for the applicant to come before the Commission within one year <br />from the date of the letter; therefore, the applicant needed an extension of time to satisfy the <br />condition prior to the Commission approval. Mr. Dunlap commented that the applicant could not <br />proceed with the project until SMA issues were properly addressed anyway, but that it was fine for <br />the Commission to include the condition to be consistent. Commissioner Van Pernis said that he did <br />not want the Commission to undercut the authority of the SMA. Noting Mr. Fischer’s earlier <br />statement that they were in the process of addressing the matter, Chair Dahlberg agreed that the <br />inclusion of the condition would be appropriate. Commissioner Roth then seconded the motion. <br />There being no further discussions on the motion, a roll call vote was taken and the motion carried <br />with seven ayes (Van Pernis, Roth, Akina, Andreae, Au Hoy, Kern and Sullenberger) and one absent <br />and excused (Cartwright). <br /> <br />ADMINISTRATIVE MATTERS <br /> <br />None. <br /> <br />ANNOUNCEMENTS <br /> <br /> <br /> <br />Mr. Mark announced that the next meeting was scheduled for August 2, 2016. <br /> <br />ADJOURNMENT <br /> <br />There being no further business, at 5:41 p.m., it was moved by Commissioner Sullenberger and <br />seconded by Commissioner Au Hoy that the meeting be adjourned. The motion was unanimously <br />carried by a voice vote. <br /> <br /> Respectfully submitted, <br /> <br /> <br /> <br /> Noriko Sauer, Secretary <br />A T T E S T: <br /> <br /> <br /> <br />Peter Dahlberg, Chairman <br />Kailua Village Design Commission <br />3 <br />