2005-12-08 TKailua Kona Village - Laserfiche WebLink

Home

LIM:Excuse me Mr. Chairman I misspoke that the SMA permit does require a lateral public access easement 10 feet along the shore so thats what this would be-. It may effect the implementing once we get it in place hopefully. And I guess one comment based upon the discussion so far. The, and its been an issue that I have when I listen to the Planning Commission discuss the shoreline setback variances. The Planning Commission, I guess in terms of the shoreline setback law that was established its in the Directors recommendation the second paragraph. But essentially the shoreline setback law was intended to prevent structures from disturbing the natural shoreline processes and causing erosion of the shoreline. Thats what the shoreline setback variance is all about. The Planning Commission treats it a little bit more broadly I think. It mores a no development open space kind of a regulation. So to the extent that you know thats relevant Id like you to take that into consideration. In this particular case weve got a hardened sea wall thats been certified by the State relatively recently when we did this application. And so those, the policies behind the shoreline setback law have been met and if youre talking about disagreeing the project then its more on a no development in that shoreline setbackarearegardlessofwhathappenswiththeshorelineprocesses.Sothatsmyeditorial comment and I appreciate that, thank you. ALAMEDA:Thank you Mr. Lim. Commissioner McCall you had a question? MCCALL:Yeah, or maybe just a comment. I think just to make sure that were all clear, the public area is makai of the sea wall. Is that or? ALAMEDA:Mr. Lim? YUEN:Well the public ownership is makai of the sea wall. MCCALL:Public, yes. Public ownership. YUEN:But there is public access mauka, on the lawn mauka of the sea wall. MCCALL:Yeah, public ownership. The public has rights to be makai of the sea wall but anything mauka of the sea wall is at the you know forbearance of the, of the landowners and I think that the Kimis just have been very generous in allowing this open area to be used by the public. So, thank you. ALAMEDA:Okay. Other thoughts before we do a roll call? We got a motion again by Commissioner Springer. Second by Commissioner Watanabe. No further discussion. Staff? DARROW:Thank you Mr. Chairman. Commissioner Springer? SPRINGER:Yes. DARROW:Commissioner Watanabe? WATANABE:Aye. EXHIBIT A 18