2008-06-05 TSULLIVAN - Laserfiche WebLink

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WATANABE: Do we have any further questions? Yes, Mr.Yuen. YUEN: I just want to briefly move forward to the point raised by Mr. Yeh of saying that this lot doesn’t abut the shoreline because there’s a road in between. We have to disagree with that argument and say that the question is whether the lot abuts the shoreline has to be determined by the physical issue on the ground of whether the water is coming up to the property or not. Because by that, if you look at this picture here, if you remember the tax map, there is a lot with something like 50 acres between -. WATANABE: We were informed. YUEN: Yes. That is entirely, almost entirely in blue here. By that argument that if you have a lot shown on the tax maps that is between you and the ocean, then you are no longer a shoreline property. But even the lots on the makai side of Wai Opae Road, including properties that are under water all the time, would not be considered shoreline properties; and so that’s an argument we simply can’t accept. WATANABE: Okay, okay. But do we have any further questions for the Applicant? SIRACUSA: Yes, one question. WATANABE: Ms. Siracusa. SIRACUSA: And that is, if the road is sometimes under water, for example, those photographs with the porta potties, when it was high surf conditions or storm conditions, does that qualify the road as submerged lands then? Or does it have to be submerged all the time to meet that criteria? YUEN: This is where, this is what the certified shoreline is for. And so if I can’t, I can’t sit here and tell you that those photographs prove that the property, that the parking lot should be considered, that the shoreline should be considered mauka of the parking lot. At this point, because the State is willing to do a certified shoreline, we will take what their, what their results are. So if they say that that’s an event that should, that the water going across and that storm event is something that should be discounted and not considered, that’s fine. That’s fine with us. But if they do, you know, if they find that a portion of the road is under the shoreline, then those are the rules that apply to it. WATANABE: Mr. Rho, I believe you had something? RHO: In the background and recommendation, on page 2, it’s exactly the first paragraph and it begins with “to get past this dilemma.” And it’s my understanding that to get past that dilemma, the Applicant could do a survey in lieu of a certified shoreline survey, yes? YUEN: Yes. RHO: And then on the next the paragraph, the Applicant had such a survey done. And then, I think, they had a discussion and they were asked if they would agree to a 20-foot setback. And my understanding it’s from the property line, at the road, 20 feet in. And they 27