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in our denial recommendation. So, with that, I'm happy to answer any questions that the <br />Commission may have at this point. <br />CLARKSON: Any questions for staff? <br />KAY: Thank you. <br />CLARKSON: If not, at this time, we'd like to have the Applicant and the Applicant's—or the <br />Applicant's representative come forward. Please raise your right hand. Do you swear or affirm <br />to tell the truth on this matter before the Planning Commission today? <br />KERN: Yes. <br />QUINN: I do. <br />CLARKSON: Please introduce yourself and then proceed. Please concentrate on issues, <br />particularly issues that are new since our last hearing if you can. <br />KERN: Very good, excuse meZendo Kern, planning consultant representing the Applicant, <br />Mr. William Quinn to my right here. I'm glad we get the end the day with a nice, simple one, <br />right? No, it's been a long day for you all, so we'll try to not go too much back in the past, but I <br />think there is, there are some points to reiterate. I'm pretty sure all the, most of the <br />Commissioners were here on the last go -around. I'm going to try to be relatively quick on my <br />points, and I'm going to let Mr. Quinn do the talking because this is a really big deal for him. <br />We did take the opportunity during this time to look at a secondary access or an alternative <br />access off the side road there, and when we started getting into the complexity of it and the <br />topography and what it would cost to come in off of there was extremely cost prohibitive, and at <br />this point in time, with the way it's, you know it's already a tough time out in Pahoa, and it's <br />already a small business. To burden the Applicant with any more expense is just, is just a <br />challenge. Same kind of situation with the engineer. He did have an engineer come out there. It <br />has line of sight. I'll let him speak the specifics of that, but we choose not to, he choose not to <br />pay the additional amount of money on that, especially with the challenge of this. He has no <br />problem doing that. Be happy to have that as part of the condition, and this is kind of the fine <br />line. Obviously, if it was a favorable recommendation, I think he would have no problem paying <br />for that, but at this point in time, you know, it's kind of on the fence, so I think we can do some <br />of this through a condition. <br />I think the big, the big issue here is this is Pahoa Farm and Garden. This is agriculture. This <br />isn't a convenience store. This isn't a gas station. This isn't a clothing store. This is on ag land, <br />and when the Applicant got the land, he thought he was actually going to be able to do this. <br />And, it was only until afterwards and going through the process that it came out to this, and I'll <br />let him explain more to that. <br />So, I think the issue that was coming up before as far as setting precedence, I think this is <br />different. I really do, because it's agriculture on ag land, and it hits that nuance where a Special <br />EXHIBIT D <br />5 <br />