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Home My WebLink Aboutccc 11-14-17KAUAI PLANNING COMMISSION CONTESTED CASE CALENDAR Tuesday, November 14, 2017 9:00:02 a.m. or Soon Thereafter Uhu'e Civic Center, Moikeha Building Meeting Room 2A -2B Fi r' ! >Flr 4444 Rice Street, Lihue, Kauai, Hawaii AGENDA My r) A. Hearing and Action in the Matter of Contested Case CC -2017-12, Specia �It ag , i FK Area Use Permit SMA(U)-2018-3 for the construction of a public shed p6 th ;-UR extending from Papaloa Road to the Uhelekawawa Canal, and associated provements u involving an existing parking lot and a new comfort station, and Shoreline Setback Variance Permit SSV -2018-1 to deviate from the shoreline setback requirement, involving several properties along the makai side of Kuhio Highway in Waipouli identified as Tax Map Keys: 4-3-002:001, 012-016, 019, 020; 4-3-007:009, 011, 027, 028; 4-3-008:016, and containing a total area of approx. 2.14 acres = County of Kauai, Department of Public Works. [Director's Report (DR), Sup 1 DR, S2 DR received 9/12/17; hearing continued 9/12/17 at request of the Office of the County Attorneys for further review of Petition to Intervene by Wailua-Kapaa Neighborhood Association 9/12/17; Petition to Intervene by Wailua-Kapaa Neighborhood Association approved 9/26/17; hearing closed 9/26/17.] 1. B. Decision Making on the Motion to Recuse Hearings Officer on following matt Supplement No. 3 to Director's Report. 2. County of Kauai, Planning Department's Exhibit List. 3. County of Kauai, Planning Department's Witness List. 4. County of Kauai, Department of Public Works' Exhibit List, 5. County of Kauai, Department of Public Works' Witness List. 6. Wailua-Kapaa Neighborhood Association, Pro Se Intervenor, First List of Exhibits ers on the Planning Commission Contested Case Calendar of 12/13/16 and 2/28/17; deferred on 12/13/16, 2/28/17, 5/9/17, deferred on 7/25/17 for decision making on 9/12/17, deferred 9/12/17, hearing on objection to county attorney as legal advisor to Planning Commission 10/10/17.] 1. Kirby B. Guyer and Milton Searles' Application for a Use Permit, Special Management Area Permit and Class IV Zoning Permit on Property Situated at Haena, Kauai, Hawaii identified by Kauai TMK No. (4)5-8-012:22 containing a total area of 11,827 sq. ft.). 2. John R. Hoff Trust and Lorna E. Hoff Trusts' Appeal Decision of Planning Director Relating to the Notice of Violation and Order to Pay Fines Related to Use Permit U-2015-28, Special Permit SP -2015-9 and Class IV Zoning Permit Z -IV - 2015 -29 on Property Situated at Lawai, Kauai, Hawaii, identified by Kauai TMK No. (4) 2-5-005: 080 CPR Unit 1 containing a total area of 1.032 acres) (contested case files CC -2015-18, CC -2016-7). B. Decision Malting on the Motion to Recuse Hearings Officer on following: (Cont d) 3. Lloyd R. Fischer and Shirley E. Fischer's Petition to Appeal Decision of Planning Director Relating to the Forfeiture of Non -Conforming Use Certificate TVNCU 45003 for Property Situated at Kekaha, Kauai, Hawaii, identified by TMK No. (4)l- 3-001:88 containing a total area of 12,453 sq.ft (contested case files CC -2016-9, CC - 2016 -10), 4. Todd Schirm's Petition to Appeal Decision of Planning Director Relating to the Forfeiture of TVNCU # 5138 (Hale Cook) for Failure to Renew for Property Situated in Wainiha, Kauai, Hawaii, identified by Kauai TMK No. (4)5-8-009:8 CPR Units 1 and 2 containing a combined total area of 11,250.0 sq. ft.) (contested case file CC -2015-24). 5. Brysone X. Nishimoto and Catherine J. Nishimoto's Petition to Appeal Decision of Planning Director Relating to the Forfeiture of TVNCU #1171 (Ivy's Place) for Failure to Renew for Property Situated in Wainiha, Kauai, Hawaii, identified by Kauai TMK No. (4) 5-8-004:26 containing 8.343 acres (contested case file CC - 2015 -23) 6. Michael Chandler's Petition to Appeal Decision of Planning Director Relating to the Forfeiture of TVNCU # 4222 (Hale O Lani) Related to Special Permit SP -2012-1 for Failure to Renew for Property Situated at 3239 A Kalihiwai Road, Kilauea, Kauai, Hawaii, identified by TMK No. (4)5-3-003:45 containing an area of 74,923 sq. ft.) (contested case file CC -2016-4). 7. John Wark and Shannon Wark's Petition to Appeal Decision of Planning Director Relating to the Forfeiture of INC #4219 (Anmi Kai) related to Special Permit 3P- 2011-13 for Failure to Renew for Property Situated at 3525 Anini Road, Kilauea, Kauai, Hawaii identified by TMK No. (4)5-3-004:29 containing an area of 13,608 sq. ft. (contested case file CC -2016-5). 8. Parnell H. Kaiser and Michele L. Kaiser's Application for a Use Permit, Special Management Axea Permit and Class IV Zoning Permit on Property Situated at Hanalei, Kauai, Hawaii, identified by Kauai TMK No. (4)5-5-004:15 containing a total area of 6,046 sq. ft.) (contested case file CC -2015-15). 9. Michael Levy and Alexis Boilini, Trustees of the Levy-Boil ini Living Trust's Petition to Appeal of Planning Director; and Application for a State Special Permit, etc., TMK No. (4)26001091,-Lawai, (Consolidated Cases) by (contested case CC - 2015 -14, CC -2016-1), 10. Steven and Eddi Henry Petition for Appeal of Decision of Planning Director; an d, Application for a State Special Permit, TMK No. (4)49011038, Moloaa, (contested case file CC -2016-11). Kauai Planning Commission Regular Meeting Agenda Page 2 November 14, 2017 B. Decision Making on the Motion to Recuse Hearings Officer on following: (Cont'd) 11. William L Cowern and Catherine F. Cowern's Petition to Appeal Decision of Planning Director; and, Application for a State Special Permit, etc., TMK No. (4)25002037, Lawai, (Consolidated Cases) (contested case files CC -2015-17, CC - 2016 -2), 12. Anthony S. Bardin's Petition to Appeal Decision of Planning Director Relating to TVRNCU #1225 for Property Situated in Hanalei, Kauai, Hawaii, identified by Kauai TMK No. (4)5-5-010:39 containing 5,654 sq. ft.) (contested case file CC - 2013 -83). 13. Greg Allen, Sr., and Greg Allen, Jr.'s Petition to Appeal of Violat on and Levy of SMA Fines Involving Property Situate in Kilauea, Kauai, Hawaii, identified by Kauai TMK No. (4)5-3-007:14, and containing a total area of 16,552.0 sq. ft.) (contested case file CC -2015-4). 14. Thomas J. Brooks and Jennifer S. Brooks' Petition to Appeal Decision of Planning Director Relating to the Forfeiture of Non -Conforming Use Certificate TVNCU 44291 (Pohaku), TMK No. (4)58008021, Haena, Kauai. (contested case file CC - 2017 -1) [Referred to Hearings Officer 1/24/17.] NOTE: Special accommodations and sign language interpreters are available upon request five (5) days prior to the meeting date, to the County Planning Department, 4444 Rice Street, Lihue, Hawaii 96766. Telephone: 2414050. Kauai Planning Commission Regular Meeting Agenda Page 3 November 14, 20 f 7