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

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So I appreciate you guys taking the time to consider our shoreline setback variance. As Maija has shown, the shoreline setback, excuse me, the shoreline has been certified at that fixed wall. And our represented client, Jimmy Robinson, he is a fulltime resident here in Kona. And Kona Bay Estates is a subdivision that leads itself to fulltime residents and mostly vacation rentals. And what we would like to say is that Jim’s request for a pool is really considered, in his opinion, and ours, and hopefully yours, a reasonable use of his private property land. Granted it is on the shoreline and he is subject to these conditions, however, we feel that it is considered reasonable. Something that we would like to bring up also is that in 2010, as recent as 2010, the Planning Commission has approved a shoreline setback variance for a pool, with the same conditions and the same setbacks in the same subdivision for construction within the setback. And so we are wondering how, with the same standard of hardship, and we are wondering how that hardship standard would not apply to our client with the same conditions as that in 2010, where the shoreline had been fixed at the makai wall. We feel that, with that, we hope that you can approve our shoreline setback variance. And we are open to any questions that the Commission may have with regards to our application. UNGER: Duane, are you familiar with this approval? Have you, do you have a copy of this approval? TANAKA: I do have a copy of the approval, yes. It’s Shoreline Setback Variance 10-0005. May I approach? (Secretary’s note: The copy was handed to the Chair and circulated among the panel members.) I’d like to state that Jim Robinson is not the original owner of the house, and did purchase it after it was constructed. So putting the pool in after is why we are applying for the shoreline setback variance. JACKSON: Mr. Chair, may I just add a little more information for everyone’s benefit? The page 2 of the Background Report does mention that the Planning Commission has issued one shoreline setback variance, which is the one that Mr. Tanaka is referencing, and denied one variance, for swimming pools in Kona Bay Estates since the new shoreline certification was done in 1999. The reason that we are recommending denial at this time, and we didn’t back in 2010, was because, you know, whenever we get a shoreline setback variance, we base our recommendation on what information we have at the time, and at that time we didn’t have evidence showing what coastal processes were occurring; you know, we had an idea because we could see sand on the mauka side of the wall, but without having clear evidence of how this was occurring, we didn’t feel we could make a negative recommendation at that time. So now based on, you know, the evidence we have of what occurs during storm events, the photos I showed you on this particular property, and also how sand is moved from one side of the wall to the other, we didn’t have the evidence back in 2010. If I recall correctly, too, the rock wall runs all the way along Kona Bay Estates, and there was, this same rock wall was in front of the other property that Mr. Tanaka is referencing, but the sand hadn’t deposited all the way up to the top of the rock wall; there was still quite a bit of space between the top of the rock wall and the bottom. So we didn’t have as much evidence that these coastal processes were affecting the particular property. KANUHA: Mr. Chairman? 4 EXHIBIT B