2010-07-23 Leeward Planning Commission Minutes

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APPLICANTS: KIM and CAROL MAIER (SSV 10-005) Shoreline Setback Variance to allow the construction of a salt-water swimming pool, concrete deck and 4-foot high pool security fence within the 20-foot shoreline setback area. The 7,052- square foot property is situated along the south (makai) side of the Kona Bay Estates private subdivision road, Kona Bay Estates Subdivision, Kailua-Kona, Hawai‘i, TMK: 7-5-05:92. Ms. Cottle oriented the Commission and public of the subject and surrounding properties on the location map, site plan and photographs, and summarized the request. She noted that the Planning Department recommended approval of the application, with conditions. The applicant’s representative, Gregory Mooers, was in attendance, and stated that he was in agreement with the Department’s recommendation including the conditions of approval. In response to Commissioner Nelson’s question, Mr. Mooers said that the salt water that was to be used for the pool was a mixture of potable water and salt; the water would not be pumped from or discharged into the ocean. Mr. Mooers noted that 19 out of 26 lots that were developed in the subject subdivision had pools immediately mauka of the seawall used as a public access, much like what the applicant was proposing. He said that if the pool had been constructed before the shoreline was re-certified, the variance would not have been needed since the previous certified shoreline had been considerably makai of the current location. He also pointed out that the adjoining property had received a Shoreline Setback Variance for the construction of their pool. In response to Commissioner Bowman’s questions, Mr. Mooers said that storm surf would affect the property as it would all the neighboring properties, that draining of the pool water would occur very infrequently, and at such times the water would be drained into a lava sump or could be used to irrigate the plants, and that conformance with all regulations, including those of the Department of Health, would be addressed in the permitting process for a building permit. The Chair inquired about the public access seawall, to which Mr. Mooers responded that it was a passable rock wall approved as a public access, which was part of the Special Management Area Use Permit conditions for the subdivision. Mr. Mooers also said, addressing the Chair’s concern, that the pool equipment would be out of the public view as it would be in a vault below grade on the south side of the property. With respect to the proposed pool security fence, Mr. Mooers said that it would probably be a wrought iron type of fence, rather than a chain-link fence or a solid fence, to allow for more decorative look and ocean view. There was no one from the public wishing to testify in regard to this application. It was moved by Commissioner Beaudet and seconded by Commissioner Iokepa that the application be approved along with the conditions as stated by the Department. A roll call vote was taken and motion carried with seven ayes (Beaudet, Iokepa, Bowman, Giffin, Hickcox, 4