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TANAKA: Also, with regards to the, obviously, it seems that erosion is a main concern for the
<br />Planning Commission, or the Planning Department, and 205A, and we can respect that. However,
<br />the makai wall is the fixed shoreline and, by definition of the fixed shoreline, erosion is typically
<br />curved by the fixed shoreline. Our swimming pool would be mauka of the fixed shoreline and not
<br />be fixing the shoreline even further. This evidence of these boulders coming over, it’s hard to say
<br />where those came from. It’s a possibility it came from the shelf. They could have already been on
<br />property. In addition to that, if that was a concern, those are on the private property of the owner,
<br />right? The International Building Code, the new IRC Residential Code that the Building
<br />Department administers and enforces, require security fences around swimming pools, and those
<br />security fences with their standards of four-inch posts, excuse me, gaps would definitely disallow
<br />boulders of this nature. And in an event that any rock of some sort were to come in, that would be
<br />on the responsibility of the owner. And as I mentioned, Jim Robinson is a fulltime owner there that
<br />addressing these types of issues would be immediate as opposed to a rental condition where that
<br />could be sitting for a long time and not addressed.
<br />
<br />HOSMER: Also, I think the issue of the sand being against the wall, I think that’s a variable issue
<br />in that that can change. Whenever you walk a shoreline, it changes almost every day depending on
<br />circumstances. And I think just one picture doesn’t show you really what’s occurred through the
<br />years. That sand could have been away from the wall a month ago, and then come back up against
<br />the wall. So I just would like to see a series of how really the sand has, went against the wall,
<br />consistently building up. And that to me is they are just showing a onetime circumstance.
<br />
<br />BEAUDET: Thank you for your comments. Director.
<br />
<br />KANUHA: Let me see, I don’t know how I’m going to say this. I don’t know where you folks
<br />were in 1984, but I negotiated this public access settlement for this property back then. And the
<br />reason the public access was determined that far back was because the certified shoreline was a lot
<br />farther makai and we thought there was going to be a significant, you know, it will, there was just a
<br />lot of room to accommodate for the shoreline processes, okay. So here we are, what, 30 years later,
<br />the shoreline is up on the wall itself, which was only supposed to be for public access. You know,
<br />there is all these other processes that are occurring. So, that, yeah, I’m just kind of giving you my
<br />perspective of the way I’ve been with this project, yeah. And that’s not the sole basis, I mean staff
<br />and I discuss how we are going to handle this because it’s a, you know, it’s a long-term issue for all
<br />coastal properties, right, all around Hawaii, all of the, up and down the West Coast, East Coast, any
<br />kind of island situations. And so I think we, from a long-term perspective, we are trying to
<br />reconcile ourselves with how we balance, you know, the situation up. But again, I’m just giving
<br />you some perspective of my experience from being there at the beginning and thinking there was
<br />going to be a lot, you know, it was, the access itself would have been significantly set back, you
<br />know, that was in 1984, you know. Fast-forward to today, and we have sand and stuff. And
<br />granted the way the situation is down at Kona Bay Estates, certain properties don’t have this kind of
<br />effects; it just depends which way the swell comes in, where the walls are in relation to, you know,
<br />other properties and, you know, other these natural effects. Back in ’84 we tried to address those as
<br />best as we could and, you know, again, fast-forward 30 years, and unfortunately we have this kind
<br />of a situation.
<br />
<br />TANAKA: Thank you for the input.
<br />
<br />BEAUDET: So I’d like to just point out, you know, as far as what is considered, what needs to be
<br />considered by the Commission, is not, I think you brought up specifically the erosion issue, but
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