2023-03-16 Leeward Exh A (Items 1 Frank Sirlin PL-SMA-2022-000024)

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treatment system that really improves the wastewater effluent from the property. And in terms of SMA review we're not tasked to look at the entire community and how it's changing over time. We're tasked with looking at the criteria put forward in SMA like view impacts, like environmental impacts, public access and we're taking all of those boxes here. That said, the question came up for the sea wall and the pool. There are no plans to do any changes at all to the sea wall that was recently repaired and is in good condition. It was recently re-surveyed by Wes Thomas Associates to confirm its condition since it was repaired under permit. The swimming pool that's proposed will have to be engineered to comply with all building regulations, all flood zone regulations and likewise the access to the property will have to be approved by DPW. So, this isn't a building permit that we're submitting to you, right. It has to go through additional clearances but we're here to evaluate those SMA criteria and I think we're really going to the max of what we can do to retreat from the shoreline, to come into compliance with all the current rules and regulations. With that, I'll be happy to field any questions you may have. We just really respectfully request your favorable consideration on this one. Aloha. DEFRANCO: Thank you John. Do we have any questions from the Commissioners for the applicant? PAISHON-DUARTE: I have a question for the applicant. DEFRANCO: Oh yes, Commissioner Paishon-Duarte. PAISHON-DUARTE: Good morning, my name is Mahina Paishon-Duarte, and I had a question for the applicant. I wanted to confirm that the use for the new house or the new development is primarily for residential purposes, living purposes and just wanted to clarify again whether there is a proposal to rent out the property for short-term vacation uses. PIPAN: I can help with that, and Mr. Sirlin can chime in. But my understanding is Mr. Sirlin intends for this to be his primary residence eventually. It may take a number of years to build it within the time frame allowed by the SMA permit course. The existing non-conforming use of the STVR, he'd like to retain if possible but it's not a deal breaker. He'd like to have that option for financial reasons to be able to let it out short term and this kind of rolls into a discussion that's bubbling up now with the proposed regulations or changes in regulations to transient accommodation rules. So, we're seeing potentially that areas like this that do have a pretty high density of existing non-conforming short-term vacation rentals may be permitted through this new process of vacation nodes through this new TAR regulation that's being proposed or soon to be proposed. That may just justify that that kind of use in this area is suitable. So, this is hypotheticals and it's not a make or break but this is intended as Mr. Sirlin's primary residence. DEFRANCO: Thank you. KNOWLES I just had a follow-up for the County on that. 11 EXHIBIT A