2008-06-05 TSULLIVAN - Laserfiche WebLink

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foot shoreline setback. Their property line is way away from where those marks are. And so just from a basic fairness standpoint this is an issue. Now what the Planning Department is going to tell you is that, well, you know these applications, these properties that were approved back then before we had this issue as to whether or not DLNR was going to certify shorelines or not, they were done under those previous rules. We submitted to you copies of the Mayor’s house because if you look at the high tide, water goes under that house. And our point is this, when you at a certain point in time have submitted an application under the then existing rules, you’re entitled to get your permit. At the time that the Sullivans submitted their application they were in compliance. They shouldn’t be judged by what’s going on now, even though I agree it’s very clear that they were outside of the shoreline. But this is the whole point, you cannot retroactively apply and change the rules midstream while you’re going through this application process. In terms of the vegetation line issue in answer to Commissioner Siracusa’s question it’s pretty clear that when you look even at the DLNR policy that DLNR policy doesn’t talk about vegetation line. It talks about high tide line and nothing else. Because what they are recognizing is that Kapoho and Vacationland are somewhat unique. There is a barrier reef out there and it’s not a typical surf/storm scenario. The other thing, oh, this is the other thing, what does the Planning Department do in April of 2006 when it agrees that Vacationland people can do their improvements? They not only don’t require a survey of any kind but they tell the Volcano Vacationland Association for purposes of your application we’re going to treat the shoreline as the makai edge of the Wai Opae Road right-of-way. Now one of the things I wanted to correct is Wai Opae Road is 40 feet in width. So on the one hand they’re telling Vacationland that’s where the shoreline is and in the same breath they’re telling the Sullivans who are just mauka of that property, no, you have to go get a certified shoreline survey. So this is the basic problem, is fairness of treatment and understanding what the Sullivans had to do. We shouldn’t even be here today, sitting here today. Because if the Planning Department had been following its own policy at the time that they applied, they should have been granted this application. And even if, even if the Planning Department messed up and missed the deadline it failed to follow your rules which said if you missed the certified day deadline you’ve got to send it up to the Planning Commission. And had they done that in November of ’06, we’d be sitting here in December talking about a 2.8 and not a subsequently changed 3.2 survey. So you can understand that in this entire process the Sullivans have basically been met for reasons I’m still not clear on with oppositions from the Planning Department that makes no sense in relation to what it was doing with other parties and entities during that time period. And I still haven’t figured that out but that’s what they’ve been faced with. You know, they say we’re a government of laws and not of men, but in this case here those laws kept changing and those rules kept changing based on differing interpretations. Let’s do something that’s really fair that’s appropriate and measure this application as of the time it was submitted and allow the Sullivans to move into their retirement home basically. That’s all I have at this point and if you have any questions feel free. WATANABE: Well, Fellow Commissioners, do we have any? Yes, Ms. Siracusa. 13