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that the buildable area is calculated using required setbacks but never specifies what the required <br />setbacks actually are. And I just want to point out a couple of quick problems if you can flip to I <br />think its the one after slide number 6 it shows the- an example lot. And, at the top its example <br />property in 2003. Supposing you had this example property here and we have a certified <br />shoreline which is right next to the edge of the property line which is very similar to what was <br />going on with the proposed project and you have a 40-foot setback and that yields a 51% <br />buildable area. Now suppose a couple of years later the shoreline actually erodes 2-feet closer to <br />the shoreline well that pushed your buildable area under 50% and according to the Planning <br />Department Rules that gives you the 20-foot setback. So now your buildable area increases. The <br />shoreline erodes 2 feet closer to the property but your buildable area goes from 51 to 60% so that <br />increases the profit on the building. Thats actually good news for the developer. Unfortunately <br />it moves a building 20-feet closer to a shoreline thats eroding; that doesnt make any sense if <br />were trying to protect the shoreline. And also in Rule 8 and Rule 11 theres discussion about <br />flooding and tsunami issues. So here we have a property thats got an eroding shoreline problem <br />andweremovingthebuildingclosertothewater.Imsorrythatjustdoesntmakeanysenseto <br />me. I think, I would prefer to see this as if somebody goes below 50% the setback should be <br />adjusted so that they can maintain 50%. We should never go lower than 50% but somebody <br />shouldnt get a bonus because the shoreline eroded. Its not good for the public and its not good <br />for their neighbors. Theres a similar situation, I wont spend any time on it but it deals with the <br />fact that the required setbacks for a one-story building and a three-story building are different. <br />So a one-story building if you use the required setbacks for a one-story, that may be greater than <br />50% in a one-story building but have a 40-foot setback. Yet when you increase the height of the <br />building now the setbacks and the sideyard get bigger, the buildable area goes below 50% now <br />you end up with a 3-story building that goes on the water where a one-story building would have <br />a 40-foot setback. Its just a confusion because nobody says what the required setbacks that are <br />used for the calculation are. I cant say which ones better but I would think that if a one-story <br />building isnt going to be on the water then the 3-story building shouldn't either because the view <br />impacts and the impacts on the shoreline are going to be greater. I do want to point out as <br />Commissioner Graham had mentioned before you know there is some discussion about you <br />know there arent any impacts on the neighboring properties. You know we realize that Mr. <br />Huggett has done his best to minimize this and we do appreciate that. I do just want to show on <br />the next slide that there is a photograph that shows the view from the end units at Sea Village. <br />And as you can see from this map up here you know and Ive talked to Dr. Foulk and I had to <br />agree with him on this one. When they designed Sea Village, they set us up to have our views <br />impacted. Those end units are almost 80-feet back from the water because of the shape of the <br />shoreline and the diagonal property line. So those units were, you know I understand how <br />theres not much you can do for them but those views will be severely impacted. The viewplane <br />on this slide is one that I was provided by Dr. Foulk several years ago and its a little bit out of <br />date I apologize for that. But it does capture essentially whats going to happen is those people <br />on the end will lose their entire view of the Tiki surfing area. This is the Spanglers the folks who <br />had their contested case denied. I hope you can understand why they might be a little upset that <br />they had this major impact to their unit and they didnt even get a chance to you know be <br />represented on that. With all that said, were happy that those, that you know theyve done their <br />best that they can on the setback issue. We do have some problems with the process and hope <br />that that will be corrected. In summary you know there were a lot of concerns that we have with <br />this project and after working through these issues with Mr. Huggett were really down to the <br />EXHIBIT A <br />12 <br /> <br />