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staying out of the shoreline setback variance area. So that€s one option that we had. But we <br />thought that instead of building into the open area because that€s kind of a, essentially apublic <br />area although privately owned that it was better to build the restaurant addition onto an area that <br />wasn€t right there in the middle of the public open area. So that€s why we chose the present area. <br />As you can see from the drawings and the photos the restaurant addition is being made just to the <br />north side of an area that juts out about 10 feet away from the sea wall. That€s why we tried to <br />essentially hide that development behind the seawall area, behind the protrusion up near the sea <br />wall. So we felt that the modifications from a 20-foot encroachment into the shoreline setback <br />area down to approximately 8-1/2 or 8 feet 10-inches would be a minor intrusion into the <br />shoreline area and would both give the applicant what they need for financial purposes and <br />would also increase the public access along the frontage. Cause what we€ll be giving as part of <br />the SMA minor permit that was granted and if this Commission goes with the shoreline setback <br />variance area is a 10-foot wide public access easement fronting the whole project. Right now, <br />like I said they€re not using the northern portion of the project and this would allow I think a <br />improvementofthatareaandtheabilityforthepublicandespeciallythewheelchairpeopleto <br />utilize the area cause I think Uncle Billy you know as he€s told me before that€s one of the <br />favorite areas for the wheelchair disabled people to come out and watch the sunset cause you <br />really can€t do that to many other places along Alii Drive. But you know if I€m unable to <br />persuade the Commissioners today then I€d like to ask for a continuance to further discuss this <br />with the Planning Director. <br />GALDONES:In light of the concern of the applicant Mr. Lim and considering that there <br />are 2 Commissioners who have expressed a certain concern I would like to recommend but it€s <br />up to the applicant, I could like to recommend to the applicant to have this on a continuance <br />otherwise you can see where the vote is going to go. <br />LIM:That is agreeable to us. <br />GALDONES:So then you are proposing a continuance for us to consider? <br />LIM:That€s correct. <br />GALDONES:Commissioners in light of the discussion and also the desire of the <br />applicant to have this on a continuance we have a motion on the floor and if you€d like to amend <br />the motion to consider the applicant€s wishes Chair is willing to entertain. Commissioner <br />Watanabe? <br />WATANABE:I€ll withdraw my motion and move to continue this to the next Kona <br />meeting. <br />GALDONES:Do we have a second? <br />MCCALL:I€ll withdraw the second. Or and second or transfer the second. <br />EXHIBIT E <br />7 <br /> <br />