2014-09-18 Leeward Exh A (SMA 14-057)

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FUKE: Yes, as a result of like a, you know, a series of discussions with your staff, and thinking about it further, and just to make it really clear, this language came about, you know, just to make it clear that, you know, within the 60-foot, you know, because the 60-foot setback is, although there was this certification, shoreline certification issue, but not withstanding, you know, whether it was certified or not certified, assuming it was going to be, it’s certified now, that the applicant on his own was already planning on not having any vertical structures 60 feet from the certified shoreline, you know, so that’s one point. So, but between the 60 and up to the 40-foot setback line, then non-vertical structures, such as maybe like, you know, some encroachment of the swimming pool, some landscaping, irrigated landscaping, you know, within that area would occur; none of it would occur makai of the 40-foot setback line. So the idea was to just make the particular point clear. KANUHA: Okay, you know, I understand the first part. The second component is “non-vertical structures.” I think you’ve got to be really, you know, it’s just unfortunate because the way Rule 9 reads, the definition of a structure “means and includes, but is not limited to, any building, road, pipe, flume, conduit, siphon, aqueduct, telephone line, and electrical power transmission and distribution line.” Normally, we wouldn’t think of those as structures, but we run into permits where there was a prohibition on structures and because it was just a general definition of structure in the project, they couldn’t put a road in because technically, you know, that was a structure. So I think what I wanted to let you know is that unless it’s specifically, what you intend to do is specifically defined in the condition, then if it falls into this general category of a structure, then it wouldn’t be, yeah; so you’ve almost got to think about specifically what may or may not be done there because otherwise, you know, it could be something that would not be covered under the provision. The condition here right now is a swimming pool, irrigated landscaping, so those are clear. But in your previous wording you had, “landscaping, irrigation lines, and the like.” You know, I just want to make sure that you don’t inadvertently propose language that you think would allow you to do certain things, but the rule wouldn’t, yeah? FUKE: That boxes you in. Appreciate it. Yeah, we are on, you know, the intent was, you know, just looking at it like in a commonsense way and not in a technical definition, as you pointed out, but I can see the issue that you pointed out that, you know, when you look at it or staff looks at it, then they make reference to structures as defined by Rule 9. So but the intent again was just to say that, you know, if you want to build your patio or, you know, like a roofing or whatever, that penetrates the 60-foot line, then you cannot, I mean that was the intent. But on the other hand, if you want to put in like a non-vertical structure, such as like a swimming pool, and a swimming pool obviously you might need to have like a pumping, so you are going to have like the line that is going to go in, so that’s the related improvements associated with those kinds of the non-vertical aspect. So the idea was to exempt all of these non-vertical type of structures, anything above ground. And the reason being is that by having non-vertical structures, you know, basically 60 feet, you know, from the certified shoreline, it creates a greater sense of, like, ambiance, you know, for the public as they traverse laterally along the shoreline. That was the intent. KANUHA: I’m just mentioning this because we’ve run into this before, you know, where a condition was set where no structures could be allowed within a certain area, and the next thing you know, transmission lines, telephone lines, you know, a pipe, those kinds of things become prohibited. 8 EXHIBIT A