2007-11-16 TKILGORE - Laserfiche WebLink

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DARROW: As a case-by-case basis, when these applications come in, if we have, what we do is we apply the setbacks to the buildable area. See, at this time because this property, the shoreline certification moved inland, this applicant had lost property. And so what they do is they apply the 40-foot shoreline to the makai portion of the boundary, and then the setbacks for the sides and the front; and if you take that buildable area and if that buildable area is reduced to less than 50 percent, through Planning Commission Rule 11.5, then it allows the Planning Director to determine that the shoreline setback is moved from 40 to 20 feet. WATANABE: Clarification. Actually you mean more than 50 percent, right? Not less, huh? DARROW: If the property falls less than 50 percent of buildable area -. WATANABE: Oh, yeah, that the buildable is less than -. DARROW: Right. WATANABE: Okay, okay. DOMINGO: Mr. Chairman? You know, as you indicated that the shoreline area was moved back and in fact the whole shoreline changed, then there have been some occurrences which probably high waves or high seas which may have damaged the shoreline and moved it further in, and that may have caused that red line to be moved further back. You know, and now we are looking at only 20-foot setback whereas it should be 40-foot setback. DARROW: Even – if I could interject – even the previous application in 1982, the same principle was applied and the setback was determined to be 20 feet even back then. DOMINGO: Yeah, I can understand, but my concern is that, and not only specifically to this property, because as we look at the whole Alii Drive, buildings have been put up; and I don’t know if there are any other further developments contemplated along the shoreline. So what we’re seeing is that, you know, the threat of eventually those shoreline would be moved farther in, and then would cause some kind of damage to the existing properties that exist there. That’s my only concern. HAYASHI: Yeah, I just wanted to clarify one thing that Jeff said, that the shoreline setback rules originally adopted had a flat 20-foot shoreline setback requirement. It was changed back in the early 1990s, I believe, to say that 40-foot shoreline setback unless it meets certain criteria; and one of the criteria was that buildable area be less than 50 percent. And that’s in this particular case. But before many of the buildings were built with 20-foot shoreline setback because the law allowed 20 feet, even if the lots were larger at that time. DOMINGO: Okay, thank you. WATANABE: Any -. EXHIBIT B 4