2014-11-20 Leeward Exh A (SSV 14-09)

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and then some beach areas fronting each property. There is also a public access rock wall that runs along the front of each of the properties in this area here. The applicant’s requesting a Shoreline Setback Variance to allow the construction of a saltwater swimming pool, spa, concrete deck and four-foot high pool security fence within the 20-foot shoreline setback area. These structures would be located seaward of the single-family dwelling and mauka of a two-foot high by two-foot wide rock wall that’s used for public access. This is the applicant’s site plan; you have Kona Bay Drive at the top, you can see the existing single-family dwelling in this area here. The public access rock wall is shown cutting through property in this location. The shoreline was certified by the State in the area where there is just makai of the rock wall, and is shown in a dark blue line. And then 20 feet back from that would be your shoreline setback area, which is shown by the red line here. So the proposed pool, concrete deck and spa would be in this location between the house and the rock wall; you can see the majority of it lies within the shoreline setback area. This is a view of the subject property, looking east; the photo was taken in, this year, July. This is looking at the single-family dwelling, standing out near the rocky ledge; you can see the public access rock wall just in front of the naupaka hedge here. So the pool would be located just beyond the naupaka hedge. This is a view of the sea, standing near the rock wall; again, you can see the rocky ledge and then some sandy beach area. This is a view of the public access rock wall, and this is looking south towards Kona; so, again, you have the naupaka hedge, the house is located just off of the slide to the left, and the proposed pool area would be just off of the slide to the left as well. And then a view of the pool area, looking north; this is the applicant’s photo, you can see the single- family dwelling and some upper deck area, and then the pool would be located in this grassy area here. So the public access rock wall is just off of the slide to the left. And again, looking north towards Kona; the pool would be located in this area here. The Planning Director is recommending that this variance request be denied, because the proposed development does not meet the criteria for granting a hardship variance in Rule 8, which is the Shoreline Setback Rule. Rule 8 says that a variance may be granted 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? And our response to this is no; that the landowner would still be able to use the single-family residence on the property, which was built in 2002; there are many RS zoned properties throughout the island and some in Kona Bay Estates that are not developed with pools, yet the landowners are still able to reasonably use their property for residential use. Is the request due to unique circumstances that do not draw into question the reasonableness of the Shoreline Setback Rule? Again, our response to this is no; the shoreline has moved inland 20 feet in this area between 1984 and 1999 according to the Board of Land and Natural Resources certified shoreline; several of the pools in this subdivision, there are about 20 pools that were built in the subdivision, these were built before the shoreline moved inland, 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 that coastal processes are causing erosion and accretion of sand and boulders; the long-term trend will be for coastal erosion to increase due to increased rates of sea level rise. Is the request the best practicable alternative that best conforms to the purpose of this rule? Our response to this is also no; the purpose of the Shoreline Setback Rule is to protect the shoreline from inappropriate manmade improvements; there 2 EXHIBIT A