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hardship. They said the applicant did not demonstrate hardship and they dont really refer to the <br />specific conditions that the rule states for granting or denying a variance. Thats something well <br />get into. So, thats my initial presentation. <br />If there are- what we would ask is simply that the Commission approve the shoreline setback <br />variance under the same terms and conditions that it approved the shoreline setback variance for <br />the parcel four doors down. <br />SPRINGER:Thank you. Commissioners, any questions? Commissioner Siracusa? <br />SIRACUSA:Yes, I am in possession of the letter you referred to that we all got at this <br />very late date from the Commission to Mr. Lim who was the lawyer for the owner of parcel 42, <br />and that letter is dated 1995. Im wondering when was the second shoreline certification done? <br />VITOUSEK:Well,thepointMadamCommissioneris-. <br />SIRACUSA:Becauseyousaidthiswasall-thatyoucouldonlychangethenameand <br />the TMK number and it would be exactly the same. <br />VITOUSEK:Sure. <br />SIRACUSA:So I would like to know would it really be exactly the same or was this, <br />would it have been the same for the first shoreline certification? And we never did find out when <br />the second one was done. <br />VITOUSEK:Yeah, what Im, what Im pointing out, Madam Commissioner, is that <br />what youre holding in your hand is a shoreline setback variance. So whenever the shoreline was <br />certified this pool was within 20 feet of that shoreline. The pool that was approved, in other <br />words, if the pool was being, if the pool on Lot 42 was outside the shoreline setback they <br />wouldnt need a variance. So, so-. <br />SIRACUSA:I follow your point. But Im saying, however, the actual shoreline was not <br />in the same place as it is now, because you showed us where it used to be and it was 20 feet <br />makai of the wall. <br />VITOUSEK:I appreciate that but what-. <br />SIRACUSA:So, Id like, Id just like to know when that second certification was done. <br />VITOUSEK:I think- I think we provided a copy of that as one of the exhibits; but the <br />second shoreline certification I believe was approved in December of 2003. But, what Im <br />saying is that, thats not really relevant because in 1995 in lot 42 they applied for a pool within <br />the shoreline setback. So within 20 feet of the shoreline; and they granted the variance saying <br />that you know it was appropriate to have a pool within 20 feet of the shoreline on that lot. Thats <br />the same thing that were asking for. <br />7 <br /> <br />