2008-06-05 TSULLIVAN - Laserfiche WebLink

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DARROW: Well, I don’t know because that wasn’t, we used the 2.8 for the private surveys that we would accept as an indication of the shoreline and I don’t know what the tide was when they did that certified shoreline survey. When they do a certified shoreline survey that’s their, they’re handling that. So I don’t know. But I do know, all I know is they did have a certified shoreline survey. We looked at the site plan and they had a buildable site that met the setbacks when the house came in for approval. WATANABE: Okay. Mr. Domingo. DOMINGO: Thank you, Mr. Chairman. What would a shoreline setback tell you or enable one to do? Once that shoreline, not the setback but that shoreline, is determined, what will it then, how will it then impact on an application like this? DARROW: If I can use an example, if somebody had applied, let’s use one of the makai lots as an example. If somebody wanted to build on the makai portion of Wai Opae we would ask them to submit a shoreline certification because we’re aware of the fact that this area does have, the shoreline does come inland. And so they would hire a surveyor, they would get a shoreline certification to identify where that is. If in the case of the makai side there’s a chance that the actual shoreline certification would be mauka of the lot, it would prevent those people from being able to -. DOMINGO: Build? DARROW: Build, yeah, correct. YUEN: Mr. Chairman? WATANABE: Yes. YUEN: If I could just follow-up on that question. Except for certain kinds of things, the shoreline certification establishes where the setback line is that you’re allowed to build. So, for example, the typical shoreline setback is 40 feet established from the certified shoreline. And then there are provisions where if that reduces the buildable area on your lot along with the other setbacks to less than 50 percent of the lot size it becomes a 20-foot shoreline setback. Now if the person wants to build makai of the shoreline setback then they would come to the Planning Commission for a shoreline setback variance. So that’s the basic purpose of having a shoreline certification, is to determine how close to the shoreline you can build. DOMINGO: Because the State has indicated that, I guess, they’ll not do it at the present time and that this will be reverted to the County Planning Department to determine whether the application is acceptable or not, is that right? YUEN: No. At one time they were not doing shoreline certifications in this area, at least mauka of Wai Opae Road. So then as a result of that applicants would come in and they would be put in a bind because they could not submit a certified shoreline to us. So rather than say, well, you can’t build because you can’t get a certified shoreline we would accept a survey that they would have done privately at a 2.8 high tide which showed the extent of where the ocean reached at a 2.8 high tide. And if it connected with ponds on the property, if the ocean 5