2003-10-03 TKOA - Laserfiche WebLink

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GALDONES:Commissioners, any question of Mr. Tyler? Thank you. Jeff, as far as the five-foot setback, one of the maps indicate that there should not be anything built within the 40-foot setback. DARROW:Correct. I believe this same rendering is the maps that are located in the application. This green line here is identifying the shoreline setback area. So it comes towards the mauka and then it takes a jog towards makai. And in that area where it does the jog towards makai is where this spa pool is located, so it is identified in the representation of the applicant as being outside of the shoreline setback area. GALDONES:And Mr. Tyler had mentioned something about, in the Bac Report, No. 20, it mentions Kuakini Highway but nothing on Alii. DARROW:If I can refer to the HawaiÒi Revised Statutes, Section 205-A-26, Special Management Area Guidelines, the criteria that we approve or disapprove Special Management Area Permits, Section 3, Subsection D states that ÐAny development which would substantially interfere with or detract from the line of site toward the sea from the State highway nearest the coast.Ñ So we look at the criteria of line of site from the nearest State highway. GALDONES:Commissioners, any further questions or any comments? SPRINGER:Mr. Chair? GALDONES:Commissioner Springer? SPRINGER:With regard to the 40-foot setback, is that based on what is known of Ðseasonal high surf inundationÑ or is that sort of a formulaic value thatÓs supplied to these applications? DARROW:We had recently received a, well, a shoreline certification was conducted and was approved on December 23, 2002; and so this certification verifies where the 40-foot setback is. SPRINGER:But the shoreline setback is not based on storm, seasonal storm surf, which is what I believe that Curtis Tyler was referring to YUEN:The shoreline is supposed to be based on the seasonally hig the highest annually recurring surf, excluding storm waves or tsunamis. So ideally you would sit there, say, run a video camera for a year and the highest point that the waves reach would be the shoreline, unless those waves resulted from an identified storm by a hurricane passing nearby, or tsunami, or some other kind of unusual event. In practice, a private surveyor goes out and determines the shoreline. The State Surveyor is given an opportunity, and the public actually is given an opportunity, to challenge that. Private surveyors often use some substitute for where the water would go, such as a debris line or vegetation line to establish a shoreline. The 40 feet beyond that is a standard formula and 11