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available to build on. Therefore, and Mr. Laurance will explain to you what he was trying to
<br />accomplish in building his house but the argument that he could have made it smaller or he could
<br />have moved it is a little bit different when the area left to him to build is reduced by public
<br />access use. So we think that is a unique circumstance. And that is one of the unique
<br />circumstances.
<br />Another is, you know, the shoreline. When he acquired, the property the shoreline was located
<br />20 feet makai of the rock wall. The shoreline has been recertified. You all have heard a lot
<br />about the changing nature of the regulatory process, changing nature of definitions of shorelines.
<br />Those, were not here to debate those issues because the shoreline is now certified at the rock
<br />wall. At the time Mr. Laurance acquired the property, the shoreline appeared to be 20 feet makai
<br />of the wall. That presents a somewhat unique situation.
<br />Then the other criteria, is the request the best practical alternative which conforms to the purpose
<br />oftherule.SoifMr.Lauranceisgoingtohaveapooltheonlypracticalalternativeavailableat
<br />this point is the approval of the variance. Now I understand thats a little circular but what were
<br />talking about is what is the definition of the criteria set out in the rule. And thats the definition.
<br />Its, it also goes on to say that before granting a hardship variance the Planning Commission
<br />must determine that the request is a reasonable use of land. The determination of reasonableness
<br />of the use of land shall consider the factors such as shoreline conditions, erosion, surf and flood
<br />conditions, and the geography of the lot as it relates to health and safety. Okay. These are the
<br />criteria to use to determine if its a reasonable use of land. We have offered evidence on each of
<br />these criteria. The shoreline conditions, you observed them. There is shoreline public access
<br />and use a portion of the property makai of the wall. The pool will in no way interfere with, the
<br />pool is located entirely mauka of the wall. The pool will in no way interfere with shoreline
<br />conditions. Weve offered testimony, it will not cause erosion. Again, it is located mauka of the
<br />wall. The surf and flood conditions, the pool is located above the base flood elevation. The base
<br />flood elevation for the lot is 11 feet. As you saw when you were at the property the, the, it is
<br />slab on grade. This is not an elevated structure. The structure is not built up on stilts. Im not
<br />sure what Mr. Rothstein was talking about when he said in his testimony that the house was built
<br />up on stilts. But, as you were there, when we were standing where the pool was going to be, we
<br />were on a concrete slab. That slab was the level of the house and, and so, this is not, theres not
<br />a flood issue involved here. It complies, the building complies with County flood requirements.
<br />The geography of the lot as it relates to health and safety, you know, again, this is a public access
<br />lot. The public access nearly surrounds the pool. If there are health and safety implications to
<br />the pool there are certainly health and safety implications of the public access, and frankly there,
<br />there arent. I mean, there, there are no, whether theres a pool there, or grass, or a deck has no
<br />impact on public health and safety. Dr. Richard Brock, well, weve offered evidence that this is
<br />going to be a salt water purified pool. Dr. Richard Brock has offered testimony that there will no
<br />adverse impact on coastal processes or on coastal biology. So, you know, in terms of what
<br />criteria are available, what criteria the Department is to use to assess a variance, the application
<br />meets the criteria.
<br />Theres a lot of, the reason the Planning Commission oh, sorry, the Planning Department made
<br />an adverse recommendation is, according to their statement, because they didnt demonstrate
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