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This condition shall apply even if the shoreline is later certified at a location makai of the top of
<br />the sea cliff. So, the Applicant is requesting to amend Condition No. 11 as it applies to his lot,
<br />Lot 23, and in order to change the building setback point of reference from the top of the sea cliff
<br />th
<br />to the March 4, 2010 certified shoreline. And that certified shoreline is located more makai or
<br />seaward of the sea cliff.
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<br />This is a very long condition, but this is the proposed amendment, and I’ll read it slowly. The
<br />Applicant is proposing Condition 11 be amended to state for Lot 23 of the subdivision, no house
<br />or other substantial structure shall be built closer than 40 feet from the shoreline shown on the
<br />2010 shoreline survey. This was certified by the Board of Land and Natural Resources. For the
<br />remaining ten lots of the subdivision, no house or other substantial structure shall be built closer
<br />to the ocean than 40 feet from the top of the sea cliff as shown on the December 2002 shoreline
<br />survey map which was also certified by the Board of Land and Natural Resources. This
<br />condition shall apply even if the shoreline is later certified at a location makai of the top of the
<br />cliff.
<br />
<br />The Applicant’s reasons for the proposed amendment is that he is requesting the amendment in
<br />order to complete a 7,000 square foot, 2-story single-family dwelling. He’d like to build that
<br />dwelling closer to the sea than is currently permissible. And—another reason is that the approval
<br />of this amendment would remedy the Applicant’s building setback and grading and grubbing
<br />violations within the shoreline setback area. And, lastly, upon approval of the request, the
<br />Applicant has agreed to grant a realigned public access easement to the County. The realigned
<br />easement would be located behind or north of the dwelling, and would allow the public to more
<br />easily access the shoreline than the current public access easement.
<br />
<br />And I also just--just want to make one slight correction to the statement that Mr. Olympia made
<br />earlier. He kept repeating that the current access is unusable, and it’s not unusable, it’s just not
<br />as easy to use as the proposed realigned access. And that will become clear as we look at the
<br />pictures.
<br />
<br />So, this is a map of the property, and if you just follow the red cursor, I’m going to show you
<br />where the 2002 certified shoreline was located. So, it started here at the north end of the
<br />property, and headed south, jogs in a little bit, and at this point, the certified shoreline goes quite
<br />a bit inland north along the top of the sea cliff or the top of the pali right to here. In 2010, the
<br />Applicant had the shoreline recertified by the State, and from here to here, the shoreline stayed
<br />the same. At this point, the shoreline changed, and it came out to here, so it moved more
<br />seaward then the 2002 survey. And, there’s a lot of information on this map, that if you just bear
<br />with me, I want to point out to you what the lines mean, so you may want to look at your exhibit
<br />in your Background Report. It is Exhibit, I believe its Exhibit 4. And, we will start with again
<br />the 2002 certified shoreline is the solid pink line which goes from here—oh boy, even I’m
<br />getting confused, hold on just a second here—okay, from here, south along in this area. Then it
<br />jogs northward around the curve up towards the historic remnant and down to this point. So, the
<br />40-foot shoreline setback that’s referred to in Condition 11 is identified on this map as a light
<br />blue dashed line, and I’m going to outline that for you. Okay, so it starts generally here, goes
<br />along here, and then it jogs up here, and then here. Okay? So, that is the current shoreline
<br />setback established by Condition 11.
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<br />EXHIBIT E
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