2005-06-17 KPC REZ04-033 SMA04-009

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HAYASHI:Yes we will be following that because the actual height, the height limit by zoning is 45 maximum height limit is 45 feet. So its just a matter of interpretation as to where the ground floor starts and method of calculation. GRAHAM:Right and thats why I say this here specifically says it is at the ground floor from the Alii Drive ground floor elevation. So presumably the ground floor, the part of the building closest to Alii Drive. YUEN:I think I- I know what youre talking about but there is that recommendation in the Kailua Master Plan that is not part, that has not been adopted by ordinance so its not part of the current zoning code. So until its, because its not adopted were not following that. The building is taller than 45 feet but what we would accept, the Planning Department, me putting aside the fact that we have a difference between us and the Applicant as how, as to how to measure the height. The building is taller than; the building that we would acceptistallerthan45feetfromtheAliiDrive.Wehavea2-pagedescriptionofhowtheheight is calculated in your recommendation but essentially were taking a ground elevation of 10 feet above the lowest point which is about at Alii Drive. So I this building, a building that we would accept is 55 feet above Alii Drive. And theres its a little complicated. I dont think its necessary to get into it here because its something if the Commission is interested we can do that. But there is a disagreement between us and the Applicant as to the building that theyre showing here as they measure it at 45 and we measure it at 52. And it has to do with the grounds, where on the ground elevation do you measure the height from. But just as I said that part, were not following that part of the Kailua Master Plan because it wasnt adopted by ordinance and so this- we would be allowing a measurement of 45 feet that does work out to be more than. I believe it will work out to be more than, it will about 55 feet from Alii Drive to the high point of this building. GRAHAM:Could I just do a little quick follow up? So since it wasnt adopted by ordinance then theres no requirement that you follow it. However this was put together by the community and all I would presume you would follow it by choice unless there was some particular reason otherwise and so I wondered what that might be? YUEN:Youre, well in effect youre going to wind up with them, they would probably just go back to their original zoning and their original SMA which would still allow them to build a building to 45 feet as measured in the current zoning code. If you say that they cannot exceed 45 feet from Alii Drive level theyre not going to get the units in there anyway. There would be no point in their going ahead with this application. And you wouldnt end up with a lower building in the end; youd just end up with the same. Youd end up with this building with the same height and fewer units in it. GALDONES:Commissioner Siracusa? SIRACUSA:Yeah so it sort of hinges on where ground level is and whether this is the natural ground level or whether there was previous grading on the property that built it up an additional 10 feet above Alii Drive. Would you know which the case might be? EXHIBIT E 7