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FUKE: So under that basis, like the way it’s currently written, do you feel like it may cover it, <br />because it says like, “This restriction,” in terms of the setback restriction, “shall not apply to <br />non-vertical structures such as a swimming pool,” etc.? So any other -. <br /> <br />KANUHA: No, it doesn’t say, “swimming pool, etc.”; it says, “swimming pool.” <br /> <br />FUKE: “Such as a swimming pool.” <br /> <br />KANUHA: Yeah. <br /> <br />HAYES: How about swimming pool and landscaping improvements? <br /> <br />KANUHA: Sid, if you want, maybe, Mr. Chairman, do you want to take a couple of minutes and <br />let them contemplate what they might want to consider? <br /> <br />BEAUDET: I’ll agree to that. <br /> <br />(Secretary’s note: Messrs. Fuke and Hayes had a brief discussion.) <br /> <br />BEAUDET: Okay, back on the record. <br /> <br />FUKE: Mr. Chairman, I really appreciate the Director pointing it out, because otherwise I think we <br />would have been boxing, unwillingly boxing ourselves in the corner. So in discussing it with the <br />applicant, the only thing he said, you know, he would like to see have done between the 40 and the <br />60-foot setback area would be the swimming pool, possible swimming pool, landscaping, irrigation <br />line and their corresponding underground utility lines. So under that basis, the section then can be <br />read, “This restriction shall not apply to non-vertical structures such as a swimming pool, <br />landscaping irrigation line and their corresponding underground utility lines, provided that in no <br />event shall any of these improvements occur within 40 feet of the certified shoreline.” <br /> <br />KANUHA: That works for us, if it works for you. <br /> <br />FUKE: Thank you very much. <br /> <br />HAYES: Thank you, sir. <br /> <br />KANUHA: You can understand what we are talking about, yeah? We hate to see you come back <br />because the definition is so broad that it covers things that normally we wouldn’t consider to be <br />structures. <br /> <br />BEAUDET: Any more questions or comments from the Commission? I passed one item and I <br />forgot to ask if there was any more individuals from the public who would like to testify at this <br />time. Okay, with that, Commissioners, I need a motion to close the public hearing. <br />Commissioners? <br /> <br />NOBRIGA: I make a motion to close. <br /> <br />BEAUDET: Second? <br />9 <br />EXHIBIT A <br /> <br />