2025-05-12 Applicant's Response to PD Recommendation Report for PL-SMA-2025-000072 (Boaz LLC)

Home

LAND' :y 194 Wiwoole St. Hilo, HI96720 PLANNING t* (808) 333-3393 HAWAII LLC info@landplanninghawaii.com May 12, 2025 Leeward Planning Commission County of Hawaii Dean Au, Chair 101 Pauahi Street, Ste 3 Hilo, HI 63420 Subject: Comments Regarding Planning Department Recommendation Report RE: Special Management Area Use Permit(PL-SMA 2025-000072) To Construct a Four(4) Story,Thirty-Four(34) Unit Condominium Building with Pool, Shoreline Access, and Related Improvements Applicant: BOAZ LLC Location: Kailua-Kona,North Kona,Hawaii,TMK: (3) 7-5-020:021 Dear Chair Au and Leeward Planning Commissioners, Our client has received and reviewed the Planning Department's Background and recommendation reports. We appreciate the Planning Director's positive recommendation and the time and consideration the Planning Department put into reviewing this application and preparing their recommendations. The applicant would like to request a slight revision to one of the Planning Director's recommended conditions. Condition 12 prohibits any vegetation removal, land alteration or construction within the shoreline setback area, unless approved by this permit. The applicant requests to amend this condition to clarify that vegetation removal, land alteration or construction within the shoreline setback area shall be prohibited unless approved by this permit or another applicable County provision, specifically a minor structure/ minor activity determination issued from the Planning Director or a Shoreline Setback Variance issued from the Planning Commission. Per the Planning Department Rules (Rule 11), a minor structure or activity may be permitted within the shoreline setback area should the Planning Department determine that it would not affect beach processes or artificially fix the shoreline and would not interfere with public access or public views to and along the shoreline. Such minor improvements could include things like safety improvements, landscaping and minor clearing of vegetation. Furthermore, Planning Commission Rules (Rule 8), establishes criteria and procedures for review of activities or structures proposed within the shoreline setback area and the process by which the Planning Commission may grant approval of a shoreline setback variance for such activities or structures. While the applicant does not intend to make any improvements or alterations within the shoreline setback area, the purpose of the proposed amendment to Condition 12 is to bring the condition into alignment with the aforementioned Rules by identifying the legal means by which improvements could be made within the shoreline setback area should they be deemed necessary at some future point. The applicant's proposed amendment is as follows: