PD Recommendation Report COH-Parks & Rec (PL-SSV-2023-003)

Home

located in the SMA but outside of the shoreline setback area and no other activities such as staging areas are proposed within the shoreline setback area. The Shoreline Setback Law was enacted by the State Legislature in 1970 for the protection of the shoreline from undue man-made improvements. Many of these structures and activities have disturbed the natural shoreline processed and caused erosion of the shoreline. Concrete masses along the shoreline are contrary to the policy for preservation of the natural shoreline and the open space.Unrestricted removal of sand, coral,rocks, etc., for commercial uses can only deteriorate the shoreline and remove it from public use and enjoyment. Moreover,the Hawaiian Islands are subject to tsunamis and high waves,which endanger residential dwellings and other structures which are built too close to the shoreline. For this reasons, it is in the public interest to establish shoreline setbacks and to regulate uses and activites within the shoreline setback area. The legislature, however, also recognized that certain activities and improvements may be constructed within the shoreline setback area that are clearly in the public interest. In recognizing this need, the Legislature authorized the respective authorities within the various counties, in this case the Planning Commission, to grant variances for certain activities and improvements within the shoreline setback area. In accordance with Section 205A-46(a) of the Hawaii Revised Statutes, and Section 8-11 of the Planning Commission's Rule 8, relating to Shoreline Setback, the Planning Commission may grant variances from the shoreline setback regulations. The proposed request would meet the Public Interest Standard of Rule 8, Section 8-11(c)(1) and HRS Chapter 205A-46(a)(6).In reviewing the request against the criteria to allow a variance,the Planning Director has determined that the request meets the criteria set forth in Rule 8, Section 8-11(c)(1) (Public Interest Standard), which states: "A variance may also be granted,provided that the proposal is the practicable alternative which best conforms to the purpose of this rule, and upon a finding that, based upon the record, the proposed structure or activity is necessary for or ancillary to: 1) Facilities or improvements by public agencies or public utilities regulated under Chapter 269, HRS; The proposed request meets this standard because the development occurring within the 40-foot shoreline setback area is proposed by a public agency to improve 2