2014-12-04 Hearing Transcript-Steve Shropshire SMA 14-058

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coastal erosion studies and geotechnical studies to determine the stability of the cliff as well as the erosion rate so we can determine proper setbacks from the top of the pali. That has been submitted, and this morning, there was actually a final report submitted. st Additionally, we have received from the Applicant, a letter dated December 1, a transmittal th letter, and within that letter, she has response letters to the testimony given at the November 6 meeting. The letter from the DOH regarding the gas tank removal is within that. Also, some supporting testimony. Additionally—a lot of info that was submitted—we have several letters that were submitted this morning. One from Chris and Gerry Allen and also from Susan Forbes. And, I believe with that—oh, last thing. In looking at the, when we were evaluating this application, we, we, we do have a standard condition that we place within applications where there are concerns of possible contamination, mainly arsenic because that’s brought up because of the old sugar cane lands. In this case, we did receive a report stating that the testing was done. We still do have a condition that can be added if you feel uncomfortable that it, you feel it needs to be just brought to the DOH’s attention again and just clear it again. Additionally, in the Zoning Code, it says in the Rural District, only one single family dwelling is allowed per building site. So, if the, if the Applicant has the lots created along the coastline, some are one acre. Some are half acre. Even though it’s .5 acres in size and they have one acre, they can still only put one dwelling, so regardless of the size of the lot. We—at the last minute—we thought we better check to make sure if ohanas are permitted in the Rural District, and they are permitted, so what we’ve done is add a condition in restricting or prohibiting the construction of a second dwelling on each lot. And that’s a standard condition we put in a lot of change of zones that want to increase density but we hold it back from increasing it double with the allowance of an ohana or additional farm dwelling. So, that’s on the yellow paper that was submitted. With that, that concludes our presentation. Thank you. HEAUKULANI: I had a quick question. I’m sorry. For staff. The--I just want to make sure that I had, I understood the process for the determining the shoreline setback because it were in a pali here, so, there’s a lot of things that are coming in last minute. Do we have a shoreline survey yet? DARROW: The Applicant, this poses a great issue with the Planning Department, and that is, when we have to deal with applications that are along a cliff, it’s very difficult to get a certified shoreline to determine the shoreline. What we’ve, what’s been happened, happening in the past is they basically determined the top of pali as the shoreline. So, if the applicant will agree to the top of pali as the area that we set back, we can, they can request a waiver from the submittal of the shoreline survey. Some surveyors or some applicants will choose to do the survey to see if they can get the certified shoreline surveyed down below but that’s a very difficult process for the Planning Department to be able to read a setback off of, especially if it’s 50 or a 100 feet down below. So, we’d rather just setback from the cliff, so at this point, if you look at Condition— 4 EXHIBIT A