2014-09-18 Leeward Exh B (SSV 14-09)

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with single-family dwellings. Many of them have pools along the ocean side of their lots. You can also see in this photo there is a large rocky shelf between the water and most of the homes. The applicant is requesting a shoreline setback variance to allow the construction of a salt-water swimming pool, spa, concrete deck and four-foot high pool security fence within the 20-foot shoreline setback area. Most properties, as you know, normally have a 40-foot shoreline setback area; there are some exceptions in the shoreline setback rule that allow for a 20-foot shoreline setback area, if after you apply all of the building setbacks, the buildable area becomes less than 50 percent. So in this particular case this lot does qualify for a 20-foot shoreline setback because it is a somewhat small lot. The pool structure, spa and concrete deck would be located seaward of the single-family dwelling, and it would be located just mauka of a public access rock wall that’s about two feet high by two feet wide. This is a site plan of the property. You have Kona Bay Drive at the top, and then you can see the single-family dwelling closer to the road, and the rock wall running along the makai side. I highlighted the certified shoreline in blue, but it’s a little hard to see here; it’s located just makai of the rock wall. And then the 20-foot shoreline setback is this red line here. So you can see, this is the proposed pool, it’s kind of a jellybean shape, and the spa, and so the majority of the pool, spa and concrete decking would be located within the 20-foot shoreline setback area. This is a view of the subject property, looking east, so this is standing out on the rocky ledge area, looking back at the dwelling; you can see the public access rock wall just passed the sand before the naupaka hedge here. And then this is a view standing near the rock wall, looking back out towards the sea; so you can see a sandy beach area and then the rocky ledge. This is a view of the public access rock wall, looking south towards Kona, it’s a two-foot high by two-foot wide rock wall; so the proposed pool would be located in this general area here just off the left of the slide. And this is a photo provided by the applicant; you can see the grassy lawn area where the pool would be located, so the rock wall is just off of the slide on the left side. And this is looking north. This photo is looking south, and then again the proposed pool area would be in this location here. The Planning Director is recommending that the variance be denied because the proposed development does not meet the criteria for granting a hardship variance. The Shoreline Setback Rule, Rule 8, says that a variance may be granted by the Commission upon finding that the development meets one of the following hardship standards: Would the applicant be deprived of reasonable use of the land if required to comply fully with the Shoreline Setback Rule? No, the landowner would still be able to use the single-family residence on the property, which was built in 2002. There are many Single-Family Residential zoned properties throughout the island and many in Kona Bay Estates that are not developed with swimming pools, yet the landowners are still able to reasonably use their land for the purpose for which it’s zoned. Is the request due to unique circumstances that do not draw into question the reasonableness of the Shoreline Setback Rule? The answer to this is also no. The shoreline has moved 20 feet inland in this area between 1984 and 1999, according to certified shorelines that were done and certified by the Board of Land and Natural Resources. So there is landward movement of the shoreline, and several of the pools in the subdivision were built before the shoreline moved inland, and they were not, and therefore, were not in the setback area when they were constructed. The fact that other lots within the subdivision have been allowed to construct pools does not show hardship to the landowner, particularly when there is evidence the coastal processes are causing erosion and accretion, depositing of sand and boulders. The long-term trend will be for coastal erosion to increase due to increased rates of sea level rise. And lastly, is the request the best practical alternative that best conforms to the purpose 2 EXHIBIT B