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Home My WebLink AboutJune6,2017SSDapplications]PLANNING DEPARTMENT SHORELINE SETBACK APPLICATION FOR OFFICIAL USF ONLY: SSD 201�7- Acce tare Date: 1fJ a . if Website Posting Date: Determination Date:-'7 Planning Commission Date: ' • g Expiration Date: • •1 Planner Assigned: Instructions: File all information requested under Part A for processing the Determination of Applicability (§8-27.1), including signature page. Fill out Parts A and B if you know, due to proximity of the shoreline, that your parcel will require a Certified Shoreline Survey. If you are proposing a permitted structure or subdivision within the shoreline setback area fill in Part C. For applications involving a variance, complete Part D. Project A Iicant:Information Applicant: Edward Bittner Mailing Address: Applicant's Status: P.O. Box ass Phone: 8088224053 Email ed@ninnerconstmction,com (Check one) Owner of the Property Lessee of the Property ❑✓ Authorized Agent (Holder of at least 75% of the equitable and legal title) Lessee must have an unexpired and recorded lease of five (5) years or more from the date of filing of this application. If not, Owner(s) must provide a Letter of Authorization. Attach Letter of Authorization Transmittal Date: 11-2-16 Information (attach additional sheets, if necessary) County Zoning District: Hanalei Tax Map Key(s): 5-5-10:53 Land Area: 7984 sf Nature of Development: Fence (Description of proposed structure or subdivision NO PERMITS WILL BE ISSUED WITHOUT PLANNING COMMISSION ACCEPTANCE, E%CEPT AS PROVIDED IN §8-27.8(c)(8) Part A Shoreline Setback Determination of Applicability (§8 27.1) Check all that apply, fill in applicable information. Any box checked must be accompanied by additional information, photos and/or documentation. Properties Abutting the Shoreline ® Project's approximate distance from shore] inc: JQ Properties Not Abutting the Shoreline Project's approximate distance from shoreline: 500' QAdditional Information: 0�✓ Closest distance of improvement(s) from Shoreline is approximately 509 ft. 9= 1 Number of parcels and type of improvements (roads, buildings, structures) between Shoreline and this parcel: Hanalei Pavilion County Park, Weke Rd., and a Single family residence 1- 3iasns PLANNING DEPARTMENT SHORELINE SETBACK APPLICATION FOR OFFICIAL USE ONLY: SSD 201 - Accetance Date: W ebsite Posting Date: Determination Date: Planning Commission Date: Expiration Date: Planner Assigned: ❑� Topography (undulating, flat, slope, etc.) and ground elevation of subject parcel (Lowest and Highest elevations) 0✓ Shoreline type (e.g. beach, dune, rocky, sandy with rocky outcropping, etc.) Artificially armored Shoreline If checked, what type of minoring (e.g. seawall, revetment, bulkhead): Is the annoting permitted/authorized? Date of authorization (attach copy of authorization letter): ❑✓ Is property in coastal floodplain (if checked, what zone)? Flood zone ve - Has this property been subject to coastal hazards in the past? (If checked, !None that I am aware of If the proposed structure or subdivision is within the shoreline setback area then, please Ue aware that if the determination of a shuctme is approved, the Applicant shall agree in writing that the Applicant, its successors, and permitted assigns shall defend, indemnify, and hold the County of Kauai harmless from and against any and all loss, liability, claim or demand arising out of damages to said structures from any coastal natural hazards and coastal erosion, pursuant to §8-27.7(b)(2). The requirements of the Subsection (b) shall run with the land and shall be set forth in a unilateral agreement recorded by the applicant with the Bureau of Conveyances or the Land Court, whichever is applicable, no later than thirty (30) days after the date of final shoreline approval p'fthe structure under §8-27.8. A copy of the recorded unilateral agreement shall be filed with the Director and the County Engineer no later than 'forty-five (45) days after the date of the final shoreline determination and approval of the structure and the filing of such with the Director shall be a prerequisite to the issuance of any related building permit. §8-27.7(b)(6). Applicant's Signature Signature Date Ail$diczhili ttn-b'e coaee leted'6v PIa®nid De tark�iaecod i Setback D�ist�rminati n�necessary. Requirements of Ordinance No. 979 are applicable. IKI Date F71C�v. PLANNING DEPARTMENT SHORELINE SETBACK DETERMINATION If Part A has been deemed hat a Determination will be necessary; the additional information will be required for submission of this application. Part B Exemption Determination ❑ A non-refundable processing fee of one hundred dollars ($100.00) shall accompany a request for determination. (§8-27.8(e)) ❑ Exemption 1 In cases where the proposed structure or subdivision satisfies the following Pour criteria: (A) In oases where the proposed structure or subdivision is located outside of the Federal Emergency Management Agency (FEMA) Flood Insurance Rate Map (FIRM) `V' or WE' flood zones; (13) The proposed structure or subdivision is located at an elevation which is thirty (30) feet above sea level or greater; (C) The applicant can demonstrate to the satisfaction of the Planning Director that the property is clearly adjacent to a rocky shoreline and that it will not affect or be affected by coastal erosion or hazards; and (D) The shoreline setback shall be sixty (60) feet from the certified shoreline which has been established not more than twelve (12) months from the date of the application for the exception under this section. Exemption 2 In cases where the applicant can demonstrate to the satisfaction of the Planning Director that the applicant's proposed structure or subdivision will not affect beach processes, impact public beach access, or be affected by or contribute to coastal erosion or hazards, excluding natural disasters. Factors to be considered shall include, but not be limited to, proximity to the shoreline, topography, properties between shoreline and applicant's property, elevation, and the history of coastal hazards in the area. ❑ Exemption 3 , Those structures and uses found exempt in Table 3 (§8-27.7) (see pg. 5-6) YJIN 0 Letter from the Department of Public Works stating that the proposed project does not constitute "Substantial J Improvement," pursuant to§8-27.2 fe$3'i's�.`i County Code, 1987 as amended, the Planning Department hereby certifies tihe or subdivisions) as exempt from those shoreline setback determination requirements -3- 3/os/is Peter Courture Trust PO Box 3692 Los Altos CA 94024 20 March 2016 Re; 5108 Opelu, Hanalei TMK #4-5-5-010-063 Dear Federal, State, County, and City Ed Butner and Butner ConsYrucfion are authorized to file for and pull all necessary permits and take all actions reasonably necessary in that regard with respect to 5108 Opelu, Hanalei, TMK #4-5-5-010-063. Best regards Peter Courture, Trustee LE W FILE TOO LARGE TO SCAN RECORD ON FILE AT PLANNING DEPARTMENT PLANNING DEPARTMENT SHORELINE SETBACK APPLICATION FOR OFFICIAL USE ONLY: SSD 201 % - Cj 15 Acceptance Date: -�-1 Website Posting Date: Determination Date: -7 Planning Commission Date: of n/`'/� Ex iration Date: Planner Assi ed: Instructions: File all inforration requested under Put A for processing the Determination of Applicability (§8-27.1), including signature page. Fill out Parts A and B if you know that your parcel will require a Certified Shoreline Survey, due to the proximity to the shoreline. If you are proposing a permitted structure or subdivision within the shoreline setback area fill in Part C. For applications involving a variance, complete Part D. Applican t Information Applicant: >lJ 1 a�%J "Po -7-' i ,$ . Mailing Address: i% 0 11( 4 0 L♦_ Phone: c'(b`1SLt Email: a.^ee✓s.- c�F:S v-�2. c.sr^�a Applicant's Status: (Check one) Owner of the Property (Holder of at least 75 % of the equitable and legal title) ❑ Lessee of the Property Lessee must have an unexpired and recorded lease of five (5) years or more from the date of filing of this application. If not, Owner(s) must provide a Letter of Authorization. ❑ Authorized Agent Attach Letter of Authorization Transmittal Date: InfOrmatlOn (attach additional County Zoning District: � � r-�Y-F L� C�l Tax Map Land Area: i b * .. Nature of Development: c A , J� � C F= c S r��C (Description of proposed v i n9S lk�� structure or subdivision) r1 dLC— (2�l� NO PERMITS WILL BE ISSUED WITHOUT PLANNING COMMISSION ACCEPTANCE, EXCEPT AS PROVIDED IN §8-27.8(c)(8) Part A Shoreline Setback Determination of Applicability (§8-27.1) Check all that apply, fill in applicable information. Any box checked must be accompanied by additional information, photos and/or documentation. 1. Property is Abutting the Shoreline ❑ Proposed project's approximate distance tom shoreline (based on aerial map): ft. 2. Property is Not Abutting the Shoreline Proposed project's approximate distance from shoreline (based on aerial map): 4-50 'S'� a � 3. Additional Information: ❑ Shoreline Change (Erosion/Accretiorn) Rate: (Information available here: www.soest.hawaii.edu/(,oasts/kauaiiicoufl arty html) Number and description of parcels (including roads, buildings, structures) between Shoreline and this parcel: YRc.Y'c-h-T" j 1{zA'$ t.sC'Y�-C- RD � FT 'iJ(1�aAC---� c' ArC,fLCnSS 1 i -1- PLANNING DEPARTMENT SHORELINE SETBACK APPLICATION ❑ Topography (undulating, flat, slope, etch and I ��T i ❑ Shoreline tyre (e_g _beach_ dwie, rocky, sand} ect parcel. (Lowest and ❑ Artificially annoyed Shoreline, ❑ If checked, what type of armoring (e.g. seawall, revetment, bu&head): ❑ Is the armoring permitted/authorized? ❑ Date of authorization (attach copy of authorization letter): ❑ Is property in coastal floodplain (if cheelced, what zone)? - ❑ Has this property been subject to coastal hazards (i.e. floodine- erosion_ to PLEASE NOTE: Any misrepresentation of infonnafion in this shoreline setback application will result in revocation of this determination and may result in fines and criminal prosecution. Applicant's Signatme Date l A licabilit (to be com feted by Planning De artmeut) [�/ Setback Determination necessary. Requuements of Ordinance No. 979 are applicable. ❑ Setback Deter�ation isNOT necessary. Requirements of Ordinance No. 979 are not applicable. Data -2- Ty OF PLANNING DEPARTMENT s�.� SHORELINE SETBACK DETERMINATION ••ATE �PFSu l If Part A has been deemed that a Determination will be oeces'saty, the additional information will be required for submission of this application. Part B ❑ Anon -refundable processing fee of one hundred dollars ($I00.00) shall accompany a request for detemination. ❑ An aerial map/image (ex. Google Maps or Google Earth) with a line drawn fiom the shoreline/vegetation line (approxhnate shoreline) to the proposed project and the calculated distance hi feet. ❑ A detailed Plot Plan to scale with all existing and proposed structures includuig driveways, visiUle lot coverage, setbacks and measurement details, fences, gates, and walls, etc. ❑ Building Permit Nmnber (If building plans submitted) Exemption Determination ❑ Exemption 1 Incases where the proposed sn�ucture or subdivision satisfies the following four criteria: (A) Incases where the proposed shucttu�e or subdivision is located outside of the Federal Emergency Management Agency (FEMA) Flood Insurance Rate Map (FIRM) `V' or `VE' flood zones; (B) The proposed shuctme or subdivision is located at an elevation which is thirty (30) feet above sea level or greater; (C) The applicant can dernoustrate to the satisfaction of the Plarming Director that the property is clearly adjacent to a rocky shoreline and that it will not affect or be affected by coastal erosion or hazards; and (D) The shoreline setback shall be sixty (60) feet from the certified shoreline which has been established not more than twelve (12) months fiom the date of the application for the exception under this section. Exemption 2 Incases where the applicant can demonstrate to the satisfaction of the Planning Du�ector that the applicant's proposed structure or subdivision will not affect beach processes, impact public beach access, or be affected by or contribute to coastal erosion or hazads, excluding natural disasters. Factors to be considered shall include, but not be 1united to, proxhnity to the shoreline, topography, properties between shoreline and applicant's property, elevation, and the history of coastal hazards in the area. ❑ Exemption 3 Those structmres and uses found exempt in Table 3 (§8-27.7) including repairs and'removations that DO NOT enlarge or expand a nonconforming structure. (see pg. 7) ❑ Letter fiom the Department of Public Works stating that the proposed project does not constitute "SuUstantial Improvement," pursuant to §8-27.2 (If applicaUle, will require valuation of project) Exem tiou Determination (to he com leted by Plannlug De rartrnent) Pursuuit to §8-27.3 the ICaua`i County Code, 1987 as amended, the Planning Deparrinent hereby certifies flee proposed structures) or subdivisions) as exempt from those shoreline setback determination requirements established under §8-27.8. ❑ Pursuan q §8-27.7 the I{aua`i County Code, 1987 as amended, the proposed shucture(s) is permitted withhi the shoreline setba < az• a. %e, pt fiom those shoreline setback determination requhrements established under §8-27.8, the pro ose structu s) is ubject t r.�eernlit of §8-27.7(U). (See pg.�8d)� ( gay °a` / 0 / �1 � rr ctor or d signee Date ❑ A• diti is/conditions: -3- s/x/v Bernard P. Carvalho, Jr. Mayor Gary K. Heu Managing Director PLANNING DEPARTMENT County of Kauai, State of Hawaii 4444 Rice Street Suite A-473, Lhu`e, Hawaii 96766 TEL (808) 2414050 FAX (808) 241-6699 �f1G 2 } 20i3 Michael A. Dahilig Director of Planning Dee 1V1. Crowell Deputy Director of Planning ---- PO Box 1094 Kl�auea, Hawaii 96754 Subject: Shoreline Setback Determination SSD-2014-06 TMK: (4) 5-4-004:032, Hanalei, Kauai SIMON POTTS, Applicant In accordance with Section 8-27 of the Kauai County Code (1987), as amended, ties is to inform you that the department has processed your Shoreline Setback Application and determined that the proposed development will not be affected by coastal development standards noted in Ordinance No. 887. However, please be advised that ftuther evaluation, requirements, and approvals from pertinent government agencies may also be required prior to development of this property. Should there be any questions, please contact Planner Dale A. Cua of my staff at (808) 2414050. MICHAEL A. DAHILIG Director of Planning Ara Bqual Opportunity &mployer V.i10i4MesmrFJesWegukfwyiShwe6�eRelateaSSDsi5S0-Y01b6PotlsLLatler-1 fl20.13dcSS0.P07406Po11s_Genge CantRrskn.docz a C X Win. C �c D w c c 2PU 1,. , (D — k cD CC co p> CD N =3 ri) C w 0 W m a.. CD O � 4 D znr-51 ` m w 1 o d w 77 xp�aa. S C N / n L ems s a.re� e . IFNI FF J1�,� FL n(n —AVa mt 5 - IN,r j X" w. pzmxaainw[au!i,i�-a i GJ °'gym; 74 fi-72-4"wT7>IWLL Si2ocI NOPUS x �w ;w Q4/4u 52:'ui„ SSA; t' . 'iVt,1Sl±irs�d(9�l;ti�}i�''dr'Y _ NO SW h@ C#3mFN*vrJ]ti+d " NIM12 SVH )i JQ 1. SINS d��✓ter �y. 0-58�'ON HDDNION3 IVNOISB3 Oid uaaOI FF s;uauxaimbaz - lzapg�zpsrmtpuz drape due sa3.seiva�sds:lascdscpe;sz,� FA . - - .00'69 .. 5 p A. ko AN"�E' 4r woo 3Ltl' p % O F a- £F53T; S 0 \ ° tea' � v _ ttQ.P tip Iq MA tlkojv� y S x " k Y x Y i f4. ° id loll g ' p x =ypi i�€ "t Nis 1� .16I o p 1aJL ti n ❑.. 4� n a QC b Piior Ll [ O `•0 9 Y DV e h F JF �. IR oS3 %it tk a $It < tIto It k ' old, To, ti 7 a � JAP £t il Ito art to it y k ti QP n 13 ,5 4 YIL r� It® io� it , it 3 s® �✓ ao".,. it -gNG1SlAndI1S AV9 MONit \ 0-96SZ'GAI ' a33�IItJN3 l�'I�lOISS3dQNd iJ3�131SIJ3d PLANNING DEPARTMENT SHORELINE SETBACK APPLICATION FOR OFFICIAL USE ONLY: SSD 201__7 - 6 1 Acceptance Date: •( Website Posting Date: a C-1 Determination Date: , t7 Planning Commission Date: .1 Expiration Date: . Planner Assi ned: i3 Instructions: File all information requested under Part A for processing the Determination of Applicability (§8-27.1), including signature page. Fill out Parts A and B if you know, due to proximity of the shoreline, that your parcel will require a Certified Shoreline Survey. If you are proposing a permitted structure or subdivision within the shoreline setback area fill in Part C. For applications involving a variance, complete Part D. A licant Information Applicant: LAU FAMILY TRUST Mailing Address: .Applicant's Status: 4218 PUU PINAO ST. LAWAI, HI 96765 (Check one) Phone: (808) 346-2033 Email: dmurata@hawaliantel.net ✓ Owner of the Property ❑ Lessee of the Property ❑ Authorized Agent (Holder of at least 75% of the equitable and legal title) Lessee must have an unexpired and recorded lease of five (5) years or more from the date of filing of this application. If not, Owner(s) must provide a Letter of Authorization. Attach Letter of Authorization Transmittal Date: Information RESIDENTIAL DIST. R-4 Tax Map I�ey(s): (4) 2-a-ot a: ooa Land Area: 12,404 S.F. Nature of Development: NEW 2 STORY, 3 BEDROOM/3 1/2 BATH SINGLE FAMILY structure subdivision) RESIDENCE. structure or subdivision) NO PERMITS WILL BE ISSUED WITHOUT PLANNING COMMISSION ACCEPTANCE, EXCEPT AS PROVIDED IN §8-27.8(c)(8) Part A Shoreline Setback Determination of Applicability (§8-27.1) Check all that apply, Fill in applicable information. Any box checked must be accompanied by additional information, photos and/or documentation. rl Properties Abutting the Shoreline ❑ Project's approximate distance from shoreline: ✓❑ Properties Not Abutting the Shoreline Project's approximate distance from shoreline: +/- 302' Additional Information: ✓❑ Closest distance of improvement(s) from Shoreline is approximately 302 ft ❑ Number of parcels and type of improvements (roads, buildings, structures) between Shoreline and this parcel: TMK: 2-8-018: 001 AND TMK: 2-8-018: 020 (PR. OF POIPU BEACH PARK) �! -1- s/os/ss PLANNING DEPARTMENT SHORELINE SETBACK APPLICATION FOR OFFICIAL USE ONLY: SSD 201 Acce tance Date: Website Posting Date: Determination Date: Planning Commission Date: Expiration Date: planner Assigned: Q✓ Topography (undulating, flat, slope, etc.) and grormd elevation of subject parcel (Lowest and Highest elevations) FLAT ❑✓ Shoreline type (e.g. beach, dune, rocky, sandy with rocky outcropping, etc.) BEACH (BRENNECKE'S) ROCKY SHORELINE TO THE EAST Artificially armored Shoreline If checked, at type of armoring (e.g. seawall, revetment, bulkhead): Is the armoring permitted/authorized? Date of authorization (attach copy of authorization letter): QIs property in coastal floodplain (if checked, what zone)? _A5 i4 Has this property been subject to coastal hazards in the past? SIf checked, If the proposed structure or subdivision is within the shoreline setback area then, please be aware that if the determination of a structure is approved, the Applicant shall agree in writing that the Applicant, its successors, and permitted assigns shall defend, indemnify, and hold the County of Kauai harmless from and against any and all loss, liability, claim or demand arising out of damages to said structures from any coastal natural hazards and coastal erosion, pursuant to § 8 -27.7(b)(2). The requirements of the Subsection (b) shall ran with the land and shall be set forth in a unilateral agreement recorded by the applicant with the Bureau of Conveyances or the Land Court, whichever is applicable, no later than thirty (30) days after the date of final shoreline approval of the structure under §8-27.8. A copy of the recorded unilateral agreement shall be filed with the Director and the County Engineer no later than forty-five (45) days after the date of the final shoreline determination and approval of the stricture and the filing of such with the Director shall be a prerequisite to the issuance of any related building permit. §8-27.7(b)(6). Signature V Date be Requirements of Ordinance No. 979 are applicable. -2- 3/OS/15 PLANNING DEPARTMENT SHORELINE SETBACK DETERMINATION If Part A has been deemed that a Determination will be necessary, the additional information will be required for submission of this application. Part B Exemption Determination A non-refundable processing fee of one hundred dollars ($100.00) shall accompany a request for determination. (§8-27.8(e)) Exemption 1 Incases where the proposed structure or subdivision satiefies the following four criteria: (A) In cases where the proposed structure or subdivision is located outside of the Federal Emergency Management Agency (FEMA) Flood Insurance Rate Map (FIRM) `V' or `VE' flood zones; (B) The proposed structure or subdivision is located at an elevation which is thirty (30) feet above sea level or greater; (C) The applicant can demonstrate to the satisfaction of the Planning Director that the property is clearly adjacent to a rocky shoreline and that it will not affect or be affected by coastal erosion or hazards; and (D) The shoreline setback shall be sixty (60) feet from the certified shoreline which has been established not more than twelve (12) months from the date of the application for the exception under this section. Exemption 2 In cases where the applicant can demonstrate to the satisfaction of the Planning Director that the applicant's proposed structure or subdivision will not affect beach processes, impact public beach access, or be affected by or contribute to coastal erosion or hazards, excluding natural disasters. Factors to be considered shall include, but not be limited to, proximity to the shoreline, topography, properties between shoreline and applicant's property, elevation, and the history of coastal hazards in the area. Exemption 3 Those structures and uses found exempt in Table 3 (§8-27.7) (see pg. 5-6) Letter from the Department of Public Works stating that the proposed project does not constitute "Substantial Improvement," pursuantto §8-27.2 Determination (to be Pursuant to §8-273 the Kauai County Code, 1987 as amended, the Planning Department hereby certifies the proposed�ff{ucture(s) ogsTibdivision(s) as exempt from those shoreline setback detervrination requirements -3- 3iosns LIST OF EXHIBITS SSD A) LETTER OF AUTHORIZATION B) TM K/LOCATION MAP C) SITE PLAN D) COST ESTIMATE E) PROPOSED PLANS F) COASTAL EROSION MAP G) FLOOD MAP H) DISTANCE MAP April 28, 2017 TO: COUNTY OF KAUAI STATE OF HAWAII RE: LAU FAMILY TRUST PROPOSED RESIDENCE TMK: 2-8-018: 004 Dear Sir, Please be informed that Avery H. Youn, Architect and/or Darren Murata is hereby authorized to apply for all permits relating to the construction of a 2- story residence on the above subject property, to include building, zoning, Special Management Area and other permit required. And to process these applications before the Planning Commission, the County of Kauai and State of Hawaii review agencies. 5�`J�iGcC, By btu. Zom" /, c;�P6��LZMIzL For the Lau Family Trust EXHIBIT A LETTER OF AUTHORIZATION oloae Kau le HI 96f36 "ell: 808,34 2033 ;`wfei5711€11 tiI ta3. i ta'1 r':r xS, 'lj., liAs Lx R% �li IV i? * rA11 araf8 I labus ,u , p a(c � i x4. 84figle "xtmu,} Re r �t SSd;�i��rr l r, 't11 r Will o r a r e rlyvorkmifdiV� 3r ro S,s t tt Dt a r� a ffl- t P4 t c.a Yt ➢mpr. ro [ win iiet nive xb r't�t • aa a rsrr,., Inc s wr" eFI7q3,s � i-raSyi Yrrzr>nt.;, i 9 Pate:� EXHIBIT D COST ESTIMATE AVERYYOUN, ARCHITECT 4=1579 KUHIO HIGHWAY STE. 211 (APAA, HAWAII 96746 PH. (808) 246 9414 avery@averyyoun.com June 1, 2017 Mr. Michael Dahilig, Director Planning Department County of Kauai RE: LAU FAMILY TRUST RESIDENCE TMK: 2-8-18: 04 Poipu Kauai, Hawaii Dear Sir, Submitted herewith is a request for a Shoreline Setback Determination (SSD) and Special Management Area Use Permit for the development of an additional dwelling unit on the above subject lot. A main residence is currently under construction on the lot and an SMA major permit is being requested since the project cost for the additional residence will exceed $500,000,00, Since the project site is separated from the shoreline by another lot and a roadway (Poipu Beach Road), with Brennecke Beach Park beyond, we request a determination be made through the SSD to waive the provision of a certified shoreline survey. Should there be any questions or further clarification needed, I can be reached at 639 7999. Re tfully mitted, Aver Ar itect A onzed nt FILE TOO LARGE TO SCAN RECORD ON FILE AT PLANNING DEPARTMENT PLANNING DEPARTMENT FOR OFFICIAL USE ONLY: SSD 201 `7 - 61 Acceptance Date: rJ .01 - I Website Posting Date: • '^t Determination Date: 0 „1. 6 Planning Commission Date: •' J-7 Ex iration Date: ?t • E5 Planner Assigned: - p Instructions: File all information requested under Part A for processing the Determination of Applicability (§8-27.1), including signature page. Fill out Parts A and B if you know that your parcel will require a Certified Shoreline Survey, due to the proximity to the shoreline. If you are proposing a permitted structure or subdivision within the shoreline setback area fill in Part C. For applications involving a variance, complete Part D. A licant Information Applicant: County Of Kauai Department of Parks and Recreation c/o Palms Hawaii Architecture Mailing Address: 2970 Kele St, Suite 115 Phone: 808.246-4796 Lihue, 11196766 Email: 'on oapalmshawaii.com A licant's Status: Check one ❑ Owner of the Property Holder of at least 75% of the equitable and legal title ❑ Lessee of the Property Lessee must have an unexpired and recorded lease of five (5) years or more from the date of filing of this application. If not, Owners must provide a Letter of Authorization. ® Authorized Agent Attach Letter of Authorization Transmittal Date: Project Information (attach additional sheets, if necessary) County Zoning District: AG / O-STP Tax Map Key(s): TMK #: (4) 2-006-003:058 Land Area: 105,894 sf / 2.431 acres Nature of Development: Repair, replacement and reconstruction of existing structures and facilities located at Spouting (Description of proposed Horn Park. The project scope includes the relocation and reconstruction of eight (8) vendor structure or subdivision) booths concession area and comfort station repairs and improvements. As well as defining a picnic area and addition of 2 food trucks to park facility. Initial permits Z-734-86 / SMA m —86-29 NO PERMITS WILL BE ISSUED WITHOUT PLANNING COMMISSION ACCEPTANCE, EXCEPT A5 PROVIDED IN §8-27.8(c)(8) Part A Shoreline Setback Determination of Applicability (§8-27.1) Check all that apply, fill in applicable information. Any box checked must be accompanied by additional information, photos and/or documentation. 1. Property is Abutting the Shoreline ❑ Proposed project's approximate distance from shoreline (based on aerial map): ft. 2, Property is Not Abutting the Shoreline ® Proposed project's approximate distance from shoreline (based on aerial map): 140' (Existing) 260' (Proposed) 3. Additional Information: ❑ Shoreline Change (Erosion/Accretion) Rate: ft./year (Information available here Few 4so�s+ h q �t;i.e rd t, sty/ksai��c w tuiKCa mf h�nki) ® Number and description of parcels (including roads, buildings, structures) between Shoreline and this parcel: ��,��r� ��'�,��VT�Td7" Pue�eP l� {rhe andual sp�uton�� bona) i5 �rt,QS,-�, a'u'Ccrt�pgl[�g c#Ireruly in �rtrnt otsruct hePavr the ptu3�. . `1'�perCrnplal° treefdtrtatfno�, #fet, s8ope, etc.,l ;atd grr.,und w]vvrtd�]n of'Subl�,t 1?�t,cel (Lrnvc;C ¢nd Hi�lie,t Olevltipn5l "I'k�e 7ttpc?praphy �s �1at�l's�el}' tl�;t s��irh a ge��V[ia9 alrope t4�nt rtie cerrnf]ri statiam (d=I"ms9y zro tti�� Sp�en{nz sitar» ➢t?n�t?�L, (3�a`ensl) ['� SlrGreltnenpe�e_ E?4��I�dune_Yr?C[.y anyw�t15_reel.�wc?ut4rupy�inl.�tc,�..,.., 'P"#ae gC3s5 c�v°ers zhc irk tQ tha edgy ct dhe pat¢el sbhere busGes create a natnra# buundury ¢lain n 1'en ;race �'� sP,r'rc�1'rne. alaiiic�iaPly urriJnrtd Shnrclinc If riaected. i+iiutt typs ixf ttrm�+rin,� {e..g set4vvttdl, rdavvlmnn4 hu9lthcttd):.—_-- � i Is tl7e �ntmran� pesrnfti'etl/¢�uPCi�arlaed;Y �] Uace of scttlserizannn (an:tcf7 4tspy �,4'autitoriznt#nn Ietdee); ❑h' is pr�pem in cr�,�tal t7acdpisin f if checked whnt zone' Z+]rte'i Hai tibia pan�crty f?�en euhjecttr,cn.� tal hna3rdv.�e,tl�ndtn� 'yrnetntt rsumlmk, etc.} 7nl'o Irnwevcr it is Paested. in x Tau�nan3i 7une� and CSacn K1 �.cia�^u'di�n frvne t]:17.W Ii7YSfi'2�lreS�i7�a4�Cpd7 6�' in.PQrn]atl{?!I t]]'tI7lS S)]Ot'E:flfle ;C#'f5a�.k fi�]i]�1u'lltl�n Will TE41lit ari 1`av'-Vt3�.t1'�tf i�it its i.i71C t�ererdnid7atid]17.aa7d at7ay resul'i ut7 Pi�7cs at7d crirnir7al �]rt]sertttznP7. .r�[t�[�I>IcxnC'x �n�matura �raae ❑ Sctb:]c1c Sletersarioatpre nece�sarw, T�e�uiremen#5 t+t Cy�u'dinanee Ufa. 9'7� are'applcal7le. ❑ Seti�ac#r LieterrF�dim:tipom is iV�43T meeesstdry. Ctaqutremenfs of Grdimanre N�r.:�7� are nt�# applicable. - PLANNING DEPARTMENT SHORELINE SETBACK DETERMINATION If Part A has been deemed that a Detennination will be necessary, the additional information will be required for submission of this application. Part B ® A non-refundable processing fee of one hundred dollars Q%, ts0,iyt;? shall accompany a request for determination. (§8-27.8(e)) ® An aerial map/image (ex. Google Maps or Google Earth) with a line drawn from the shoreline/vegetation line (approximate shoreline) to the proposed project and the calculated distance in feet. ® A detailed Plot Plan to scale with all existing and proposed structures including driveways, visible lot coverage, setbacks and measurement details, fences, gates, and walls, etc. ❑ Building Permit Number (If building plans submitted) Exemption Determination Exemption 1 In cases where the proposed structure or subdivision satisfies the following four criteria: (A) In cases where the proposed structure or subdivision is located outside of the Federal Emergency Management Agency (FEMA) Flood Insurance Rate Map (FIRM) `V' or WE' flood zones; (B) The proposed structure or subdivision is located at an elevation which is thirty (30) feet above sea level or greater; (C) The applicant can demonstrate to the satisfaction of the Planning Director that the property is clearly adjacent to a rocky shoreline and that it will not affect or be affected by coastal erosion or hazards; and (D) The shoreline setback shall be sixty (60) feet from the certified shoreline which has been established not more than twelve (12) months from the date of the application for the exception under this section. Exemption 2 In cases where the applicant can demonstrate to the satisfaction of the Planning Director that the applicant's proposed structure or subdivision will not affect beach processes, impact public beach access, or be affected by or contribute to coastal erosion or hazards, excluding natural disasters. Factors to be considered shall include, but not be limited to, proximity to the shoreline, topography, properties between shoreline and applicant's property, elevation, and the history of coastal hazards in the area. ❑ Exemption 3 Those structures and uses found exempt in Table 3 (§8-27.7) including repairs and renovations that DO NOT enlarge or expand a nonconforming structure. (see pg. 7) ❑ Letter from the Department of Public Works stating that the proposed project does not constitute "Substantial Improvement," pursuant to §8-27.2 (If applicable, will require valuation of project) c,> [� Pursuant to §8-27.3 the Kauai County Code, 1987 as amended, dre Planning Department hereby certifies the proposed structures) or subdivisions) as exempt from those shoreline setbaok determinafion requirements established under §8-27.8. .7 th aua`i County Code, 1987 as amended, the proposed structure(s) is permitted within the shoreline Ie rem t from those shoreline setback determination requirements established under §8-27.8, the e(s is su jeer to th�jgaqdiitions of §8-27.7(b). (See pg. 8) or Addlt, i`on I X I l� Data -3- sr�m Bernard P. Carvalho, Jr. Mayor Wallace G. Rezentes, Jr. Managing Director DEPARTMENT OF PARKS &RECREATION County of Kauai, State of Hawaii 4444 Rice Street, Suite 105, LShu'e. Hawaii 46766 TEL (808) 241.4460 FAX (808) 241-5126 May 18, 2017 Michael Dahilig, Director Planning Department County of Kauai 4444 Rice Street Lihuc, Hi 96766 Dear Mr. Dahilig: SUBJECT: SSD and SMA Application Spouting Hom Park Lawai, Koloa, Kaua'i TMK:(4) 2-6-003:058 Leonard A. Rapozo, Jr. Director Ian K. Costa Deputy Director This is to confirm that the County of Kauai, Department of Parks and Recreation, authorizes Palms Hawaii Architecture LLC to service as our agent in the process of Building and Zoning Permit applications for our property located at 4370 Lawai Rd. Koloa, Kauai Hawaii and further identified by TMK (4) 2-6-003:058. Sincerely, Leonard A. Rapozo Jr. Director, Department of Parks and Recreation An 8gual Opportunity Employer May 2, 2017 TO: RE: TMK : E Tom H. Shigemoto, Vice President, Kauai A&B Properties: Sharelne Survey Request (4) 2-OQ6,Q03:019 (Spouting Horn) We are currently working on improvements for County of Kauai Parks and Recs Division with regards to Spouting Horn Concession Booths. The county Planniing Department has asked for a shoreline survey. I am requesting your permission to access the property located at Tax Map Key (4) 2-006-003:019 (Spouting Horn) to allow a licensed land surveyor or engineer to conduct a shoreline survey. !could W iroperties be receptive to allow this access? c Jon Lucas Palms Hawali Arohitecture LLG FILE TOO LARGE TO SCAN RECORD ON FILE AT PLANNING DEPARTMENT PLANNING DEPARTMENT SHORELINE SETBACK APPLICATION FOR OFFICIAL USE ONLY: SSD 201 -7 Acce taace Date: U.9117 Website Posting Date: U .U.t7 Determination Date: Planning Commission Date: - •13. 9 • t `7 ., Ex iration Date: Planner Assigned: Instructions: File all information requested under Part A for processing the Determination of Applicability (§ 8-27.1), including signature page. Fill out Parts A and B if you know that your parcel will require a Certified Shoreline Survey, due to the proximity to the shoreline. If you are proposing a permitted structure or subdivision within the shoreline setback area fill in Part C. For applications involving a variance, complete Part D. A licant Information Applicant: 2 Q �d Mailing Address: S C 4= tt csv IY M �Xi�� Phone: .XP-Y'v.S�'A`e e-A l Email: i s �'� . r^�✓`,.Al Applicant's Status: (Check one) n153�* J Owner of the Property (Holder of at least 75% of the equitable and legal title) Lessee must have an unexpired and recorded lease of five (5) years or more from the Lessee of the Property date of filing of this a lication. If not, Owner(s) must provide a Letter of Authorization. Authorized Agent -)K- Attach Letter of Authorization A A ci r \ Transmittal Date: County Zoning District. Tax Map I�ey(s): � � Land Area: , r Nature of Development: . AVM\ � l !) \ L' (Description of proposed structure or subdivision) C��<3 NO PERMITS WILL BE ISSUED WITHOUT PLANNING CONIMiSSION ACCEPTANCE, EXCEPT AS PROVIDED IlV §8-27.8VAJ Part A Shoreline Setback Determination of Applicability (§8-27.1) Check all that apply, fill in applicable information. Any box checked must be accompanied by additional information, photos and/or documentation 1. Property is Abutting the Shoreline ❑ Proposed project's approximate distance from shoreline (based on aerial map): ft. 2. Property is Not Abutting the Shoreline Proposed project's approximate distance from shoreline (based on aerial map): ft. .� 3. Additional Information: �� i A Shoreline Change (Erosion/Accretion) Rate:'0 ft./year (Information available here: www.soest.liawaii.edu/coasts/kauaicounty/KCountyhtml F m,N1zj\V fII Number and description of parcels (including roads, buildings, structures) between Shoreline and this parcel: I- PLANNING DEPARTMENT SHORELINE SETBACK APPLICATION ❑ _ Topog aphy (undulat ng flat, slope, etc.) and ground elevation of subjectparcel (Lowest and Highest elevt ti� � Ld id A \j ❑ Artificially annoyed Shoreline ❑ If checked, what type of armoring (e.g. seawall, revetment, bullchead): ❑ Is the armoring pennitted/authorized? ❑ Date of authorization (attach copy of authorization letter): i] Is property hi coastal floodplain (if checiced, what zone)? 1 Has this propa y been subject to coastal hazards (i.e. ooding,, ores[on,; supini_ etc.) in PLEASE NOTE: Any misrepresentation of information in this shoreline setback application will result in revocation of this determination and may result in fines and criminal prosecution. Applicant's Signature Signature ate Ue ❑ Setback Determination necessary. Requuements of Ordinance No. 979 are applicable. ❑ Setback Determination is NOT necessary. Requirements of Ordinance No. 979 are not applicable. or Date 2- o�Ty.ae.:�Gr PLANNING DEPARTMENT SHORELINE SETBACK DETERMINATION �9TE Ol,flp� �� If Part A has been deemed that a Determination will be necessary, the additional information will be required for submission of this application. Part B ❑ A non-refundable processing fee of one hundred dollars ($100.00) shall accompany a request for determination. ❑ An aerial map/image (ex. Google Maps or Google Earth) with a line drawn from the shoreline/vegetation line (approximate shoreline) to the proposed project and the calculated distance in feet. ❑ A detailed Plot Plan to scale with all existing and proposed structures including driveways, visible lot coverage, setbacks and measurement details, fences, gates, and walls, etc. ❑ Building Permit Number (If building plans submitted) Exemption Determination ❑ Exemption 1 In cases where the proposed structure or subdivision satisfies the following four criteria: (A) In cases where the proposed structure or subdivision is located outside of the Federal Emergency Management Agency (FEMA) Flood hismance Rate Map (FIRM) `V' or `VE' flood zones; (B) The proposed structure or subdivision is located at an elevation which is thirty (30) feet above sea level or greater; (C) The applicant can demonstrate to the satisfaction of the Planning Director that the property is clearly adj acent to a rocky shoreline and that it will not affect or be affected by coastal erosion or hazards; and (D) The shoreline setback shall be sixty (60) feet from the certified shoreline which has been established not more than twelve (12) months from the date of the application for the exception under this section. ❑ Exemption 2 In cases where the applicant can demonstrate to the satisfaction of the Planning Director that the applicant's proposed structure or subdivision will not affect beach processes, impact public beach access, or be affected by or contribute to coastal erosion or hazards, excluding natural disasters. Factors to be considered shall include, but not be limited to, proximity to the shoreline, topography, properties between shoreline and applicant's property, elevation, and the history of coastal hazards in the area. Exemption 3 Those structures and uses found exempt in Table 3 (§8-27.7) including repairs and renovations that DO NOT ge or expand a nonconforming structure. (see pg. 7) fah Letter from the Department of Public Works stating that the proposed project does not constitute "Substantial Improvement," pursuant to §8-27.2 (If applicable, will require valuation of project) be comtnleted by Plannina Dearartmentl ❑ Pursuant to §8-27.3 the Kauai County Code, 1987 as amended, the Planning Department hereby certifies the proposed structures) or subdivisions) as exempt from those shoreline setback determhnation requrements established under §8-27.8. ❑ Pursuant to §8-27.7 the Kauai County Code, 1987 as amended, the proposed structure(s) is. permitted within the shoreline setback area. While exempt from those shoreline setback determination requirements established under §8-27.8, the proposed structure(s) is subject to the conditions of §8-27.7(b). (See pg. 8) Planning Director or designee ❑ Additional comments/conditions: Date -3- snn Bernard P. Carvalho, Jr. Mayor Wallace G. ReZenteS, Jr. Managing Director Aren Blake Scott 350 E. Mountain Drive Santa Barbara CA 93108 DEPARTMENT OF PUBLIC WORKS County of Kauai, State of Hawaii 4444 Rice Street, Suite 275, Lihu`e, Hawaii 96766 TEL (808) 241-4992 FAX (808) 241-6604 May 16, 2017 Subject: SHORELINESETBACKAPPLICATION SUBSTANTIAL IMPROVEMENT DETERMINATION AREN SCOTT ENTRY DECK REPAIR TMK: (4) 4-5-002:005 Dear Aren Scott; The Kauai County Shoreline Setback and Coastal Protection Ordinance (Ordinance No. 979) Section 8-27.2 defines substantial improvement as "any cumulative series of repairs, reconstruction, improvements, or additions to a structure over a ten (10) year period, where the cumulative cost equals or exceeds fifty percent (50%) of the market value of the structure before the start of constriction of the first improvement during that ten (10) year period. For the purposes of this definition, substantial improvement is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure." The Department of Public Works (DPW) Engineering Division has reviewed the proposed repair work to the existing entry deck. DPW has determined that the proposed improvements does not constitute a substantial improvement. A summary of the calculations follows. Market Value There were no building permits for the structure within the past 10 years. The market value used in the calculafions is the current Replacement Cost New Less Depreciation (RCNLD) value for the structure as determined by the County's Real Property Assessment Division. The 2017 RCNLD was determined to be $73,100. If the owner chooses to dispute this value, then an appraisal of the structure must be provided at the owner's expense. The appraisal shall be prepared by a professional appraiser licensed in the State of Hawaii and the market value shall be based on the "Cost Approach" (or Replacement Cost New Less Depreciation), An Equal Opportunity Employer Aren Scott Shoreline Setback Application — SubstantiiallmprovementDetermination May 16, 2017 Cost of Improvements The total cost of improvements for the proposed repair work to the existing entry deck is taken to be the cost estimate of $3,700 that was prepared by general contractor Alan Sweat and submitted to the Engineering Division on April 25, 2017. Summary The cost of improvements compared to the market value is: Cost of Improvements (past 10 years): $33 700 Market Value (Real Property): $73,1030 — 0.0506 or 5.1 Since the total cost does not exceed 50% of the market value, the improvement is not considered to be substantial. Based on our records there were no other permits for the structure within the past ten years. However, if any unpermitteA work has been done, or if there are modifications to this application, our determination shall be considered void and the structure must be re- evaluated. If you have any questions or need additional information, contact Stanford Iwanioto at (808) 241-4896 or siwamoto@kauai.gov. Sincerely f MICHAEL MOULE, P.E. Chief, Engineering Division SUBV Copy: Design and Permitting Planning Robert Smith I —a&e mge 9001��00��1 Otl = 6m= _ �Am CS Lo 1 �� 1CL "I n P �4F I , :B f www,hawaiinfip,Org }'ltn*:V ... M'A. COUNTY: KAUAI TMK N0: (4) 4-5-002:006 WATERSHED: WAIKAEA PARCELADDRESS: 4426 PANIHI RD KAPAA, HI 96746 Flood Hazard Information FIRM INDEX DATE: NOVEMBER 26, 2010 LETTER OF MAP CHANGE(S): NONE FEMA FIRM PANEL: . 1500020204F PANEL EFFECTIVE DATE: NOVEMBER 26, 2010 THIS PROPERTY IS WITHIN ATSUNAMI EVACUTION ZONE: YES FOR MORE INFO, VIST: http://www.scd.hawaii,govj THIS PROPERTY IS WITHIN A DAM EVACUATION ZONE: VES (I(A-0062) FOR MORE INFO, VISIT: hap:/Idlnreng.hawail.gov/dam/ 0 100 200 ft D�IzJaime;r: r h�- ej SPECIAL FLOOD HAZARD AREAS (SFHAs] BUBfECT TO INUNDATION BY TWE Il% ANNUAL CHANCE FLOOD - Thz 1%annual chance Flood (500- year�, also know as the base flood, is the flood that has a 1% chance of being equaled or exceeded in any given year. SFHAs include Zone A, AE, AH, AO, V, and VE. The Base Flood Elevation (BFE) Is the water surface elevation of the 1% annual chance flood. Mandatory flood insurance purchase applies in these zones q I Zane A: NO FEE determined. Zone AE: BEE determined. Zone AH: Flood depths of 1 to 3 feet (usually areas of rounding); BEE determined Zone AD: Flood depths of 1 to 3 feet (usually sheet flow on sloping terrain); average depths determined. --e zone V: Coastal flood zone with velocity hazard (wave action); no BEE determined. Zone VE: Coastal flood zone with velocity hazard (wave action); BEE determined. Zane AEF: Floodway areas In Zone AE. The Roadway is the channel of stream plus any adjacent floodplain areas that must be kept free of encroachment so that the 1% annual chance flood can be carried without increasing the BFE. NON -SPECIAL FLOOD HAZARD AREA - An area in a law -to -moderate risk flood zone. No mandatory flood insurance purchase requirements apply, but coverage is available In participating communities. Zone XS(X shaded):Areas O 0.2% annual chance flood; areas of 1% annual chance flood with average depths of less than I foot or with drainage areas less than 1 square mile; and areas protected by levees from 1% annual chance flood. Zone X: Areas determined to be outside the 0.2%annual chance floodplain. OTHER FLOOD AREAS '. Zone D: Unstudied areas where flood hazards are untleter- _ fined, but flooding is possible. No mandztary }load 'nsumnce purchase apply, but coverage avallableinpartcpanngcommu- nines. FILE TOO LARGE TO SCAN RECORD ON FILE AT PLANNING DEPARTMENT PLANNING DEPARTMENT SHORELINE SETBACK APPLICATION FOR OFFICIAL USEONLY: SSD 201 7 - Acce ance Date: U ,J, • 1 Website Postin Date: ' LW 1 Determination Date: 1 Planning Commission Date: Expiration Date: Planncr Assi ed: a AL*J Instructions: File all information requested under Part A for processing the Determination of Applicability (§ 8-27.1), including signature page. Fill out Parts A and B if you know, due to proximity of the shoreline, that your parcel will require a Certified Shoreline Survey. If you are proposing a permitted structure or subdivision within the shoreline setback area fill in Part C. For applications involving a variance, complete Part D. Applicant: ° `Ien�Kenneth A. Purdy Architect / 9JF'G'+�C�rt�.Y'' �t,ti„!'1.Q t" Mailing Address: 3738A Oman Rd., Koloa, HI 96756 Phone: 7a Email: k( u Owner of the Property ❑ Lessee oftheProperty County Zoning Distr ct Nature of Development: (Description of proposed structure or subdivision) Lessee Lawai Beach Resort Ieast75% of theequital lave an unexpired and of this anolication. IfT, Interior Remodel of a condominium unit Tax Map K Land fu'ea: lease of five (5) years or more from the s) must provide a Letter of Author recessary) (g): 2-6-005: 004-0070 8.67 A NO PERMITS WILL BE ISSUED WITHOUT PLANNING COMMISSION ACCEPTANCE, EXCEPT A5 PROVIDED IN §8-27.8(c)(8) Part A Shoreline Setback Determination of Applicability (§8-27.1) Check all that apply, rill in applicable information. Any box checked must be accompanied by additional information, photos and/or documentation. ® Properties Abutting the Shoreline 187 FT. X❑ Project's approximate distance from shoreline: ❑ Properties Not Abutting the Shoreline ❑ Ptroject's approximate distance from shoreline: X❑ Additional Information: ® Closest distance of improvement(s) from Shoreline is approximately 187 ft. ❑X Number of parcels and type of improvements (roads, buildings, structures) between Shoreline and this parcel: A roadway exists between shoreline and this parcel -1- 3los/u PLANNING DEPARTMENT SHORELINE SETBACK APPLICATION FOR OFFICIAL USE ONLY: SSD 201 Acce tance Date: Website Posting Date: Determination Date: Planning Commission Date: Expiration Date: Planner Assigned: ® Topography (undulating, flat, slope, etc.) and ground elevation of subject parcel (Lowest and Highest elevations) ® Shoreline type (e.g. beach, dune, rocky, sandy with rocky outcropping, etc.) ❑X Artificially armored Shoreline ❑X If checked, what type of armoring (e.g. seawall, revetment, bulkhead): Rock Bulkhead ❑ Is the armoring permitted/authorized? ❑ Date of authorization (attach copy of authorization letter): ❑ Is property in coastal floodplain (if checked, what zone)? ❑ Has this property been subject to coastal hazards in the past? (If checked, please describe If the proposed structure or subdivision is within the shoreline setback area then, please be awaze that if the determination of a structure is approved, the Applicant shall agree in writing that the Applicant, its successors, and permitted assigns shall defend, indemnify, and hold the County ofKaua`i harmless from and against any and all loss, liability, claimor demand arising out of damages to said structures from any coastal natural hazards and coastal erosion, pursuant to §8-27.7(b)(2). The requirements of the Subsection (b) shall run with the land and shall be set forth in a unilateral agreement recorded by the applicant with the Bureau of Conveyances or the Land Court, whichever is applicable, no later than thirty (30) days after the date of final shoreline approval of the structure under § 8-27.8. A copy of the recorded unilateral. agreement shall be filed with the Director and the County Engineer no later than forty-five (45) days after the date of the final shoreline determination and approval of the structure and the filing of such with the Director shall be a prerequisite to the issuance of any related building permit. §8-27.7(b)(6). Applicant's Signature Signature March 21, 2017 I�F.S � Apalicatiility Eto lae,eontp§ere€8-lay pA€aaiiahi„ I9egssrtriae�B3 _ (� SetbackDete>r ationfa�cessary. Requirements of Ordinance No.979 are applicable. -2- 3laslss PLANNING DEPARTMENT SHORELINE SETBACK DETERMINATION If Part A has been deemed that a Determination will be necessary, the additional information will be required for submission of this application. Part B Exemption Determination ZI A non-refundable processing fee of one hundred dollars ($100.00) shall accompany a requestfor determination. (§8-27.8(e)) ❑ Exemption 1 In caseswhere the proposed structure or subdivision satisfies the following four criteria: (A) In cases where the proposed structure or subdivision is located outside of the Federal Emergency Management Agency (FEMA) Flood Insurance Rate Map (FIRM) `V' or WE' flood zones; (B) The proposed structure or subdivision is located at an elevation which is thirty (30) feet above sea level or greater; (C) The applicant can demonstrate to the satisfaction of the Plamring Director that the property is clearly adjacent to a rocky shoreline and that it will not affect or be affected by coastal erosion or hazards; and (D) The shoreline setback shall be sixty (60) feet from the certified shoreline which has been established not more than twelve (12) months from the date of the application for the exception render this section. ❑ Exemption 2 In cases where the applicant can demonstrate to the satisfaction of the Planning Director that the applicant's proposed stmcture or subdivision will not affect beach processes, impact public beach access, or be affected by or contribute to coastal erosion or hazards, excluding natural disasters. Factors to be considered shall include, but not be limited to, proximity to the shoreline, topography, properties between shoreline and applicant's property, elevation, and the history of coastal hazards in the area. Exemption 3 Those structures and uses found exempt in Table 9 (§8-27.7) (see pg. 5-6) ❑X Letter from the Department of Public Works stating that the proposed project does not constitute "Substantial Improvement," pursuant to§8-272 Exemption Determination (to be completed by planning Department) Code, 1987 as amended, the Planning Department hereby certifies t as exempt from those shoreline setback determination requirements IL IN coil n �G Via; j i o tlIRX r � � �y N 1 h1wis'a1 • C tl 4k 1 i h¢ty y m Panning Dept. County of Kauai Lihue; HI Ta Whom it May Concern. As owner of the property khown as Lawai Beach Resort, Unit A206, 1 hereby authorize Kenneth A. Purdy, Architect, to submit plans and receive any records related to the construction project at my residence. Peter or Joan Goeldner TM K: 2-6-005-004-0070 Bernard P. Carvalho, Jr. Mayor Wallace G. Rezentes, Jr. Managing Director DEPARTMENT OF PUBLIC WORKS County of Kauai, State of Hawaii 4444 Rice Street, Suite 275, L1hu`e, Hawaii 96766 TEL (808) 241-4992 FAX (808) 241-6604 . May 4, 2017 Kenneth A. Purdy, Architect 3738A Oma`o Road Koloa, HI 96756 Subject: SHORELINE SETBACK APPLICATION SUBSTANTIAL IMPROVEMENT DETERMINATION BATHROOM & KITCHEN REPAIR, UNIT A206 LAWAI BEACH RESORT TMK:(4) 2-6-005:004-0070 OWNERS: PETER AND JOAN GOELDNER PW 04.17.014 Dear Mr. Purdy, The Kauai County Shoreline Setback and Coastal Protection Ordinance (Ordinance 1Vo. 979) Section 8-27.2 defines substantial improvement as any cumulative series of repairs, reconstruction, improvements, or additions to a structure over a ten (10) year period, where the cumulative cost equals or exceeds fifty percent (50%) of the market value of the structure before the start of construction of the first improvement during that ten (10) year period. For the purposes of this definition, substantial improvement is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure." The Department of Public Works -Engineering Division (DPW) has reviewed the proposed bathroom and kitchen alterations for Unit 206 of Building A. DPW has determined that the proposed improvements does not constitute a substantial improvement. A summary of the calculations is provided below. Market Value There were no building permits approved for the structure within the past ten years. The market value used in the calculations is the current Replacement Cost New Less Depreciation (RCNLD) value for the structure as determined by the County's Real Property Assessment Division. ,The 2017 RCNLD was determined to be $8,223,700 for Building A. If the owner chooses to dispute this value, then an appraisal of the structure must be provided at the owner's expense. The appraisal shall be prepared by a professional appraiser licensed in the State of Hawaii and the market value shall be based on the "Cost Approach" (or Replacement Cost New Less Depreciation), An Equal Opportunity Employer Peter and Joan Goeldner (Unit A206) IL Substantial Detennination for TMK 2-6-005:004-0070 May 4, 2017 Page 2 of 2 Cost of Improvements The total cost of improvements for the proposed bathroom and kitchen alterations for Building A is taken to be the cost estimate of $72,500 that was prepared by Hartsell Construction and dated April 9, 2017, Summary The cost of improvements for Building A compared to the 2017 RCNLD market value is summarized as follows: Cost of Improvements (past l0 years): $72,500 Market Value (Real Property): $ 8,223,700 = 0.0088 or .88% Since the total cost does not exceed 50% of the market value, the improvement is not considered to be substantial. Based on our records there were no other permits for these structures within the past ten years. However, if any unpermitted work has been done, or if there are modifications to this application, our determination shall be considered void and the structures must be re- evaluated. If you have any questions or need additional information, contact Stanford Iwamoto at (808) 241-4896 or siwamoto@kauai.gov. Sincerely, MICHAEL MOULE, P.E.' Chief, Engineering Division BV/SI Copy to: Design and Permitting Planning AOAO Lawai Beach Resort (5017 Lawai Road, Koloa HI 96756) PLANNING DEPARTMENT SHORELINE SETBACK APPLICATION FOR OFFICIAL USE ONLY: SSD 201�7 (L Acceptance Date: 1, 6a - } Website Posting Date: d- Determination Date: ( J Planning Commission Date: , Expiration Date: Planner Assi ed: Instructions: File all information requested under Part A for processing the Determination of Applicability (§ 8-27.1), including signature page. Fill out Parts A and B if you know that your parcel will require a Certified Shoreline Survey, due to the proximity to the shoreline. If you are proposing a permitted structure or subdivision within the shoreline setback area fill in Part C. For applications involving a variance, complete Part D. AEr licant Information Applicant: Adam Brown for Troy Snyder Mailing Address: A plicant's Status: 5784 Ahakea St Kapaa, Hawaii 96746 (Check one) Phone: Email: 808 652 9440 bwaybrown gmailxom ❑ Owner of the Property ❑ Lessee of the Property ® Authorized Agent (Holder of at least 75 % of the equitable and legal title) Lessee must have an unexpired and recorded lease of five (5) years or more from the date of filing of this a lication. If not, Owner(s) must provide a Letter of Authorization. Attach Letter of Authorization Transmittal Date: District: Residential additional Tax Map Land Area: SF Nature of Development: Interior renovation revision only. Revised Substantial Improvement letter provided. (Description ofproposed structure or subdivision) NO PERMITS WILL BE ISSUED WITHOUT PLANNING COMIVIISSION ACCEPTANCE, EXCEPT AS PROVIDED IN §$-27.8(c)ka) Part A Shoreline Setback Determination of Applicability (§8-27.1) Check all that apply, fill in applicable information. Any box checked must be accompanied by additional information, photos and/or documentation. 1. Property is Abutting the Shoreline ❑ Proposed project's approximate distance from shoreline (based on aerial map): ft. 2. Property is Not Abutting the Shoreline ® Proposed project's approximate distance from shoreline (based on aerial map): 70 ft. 3. Additional Information: ❑ Shoreline Change (Erosion/Accretion) Rate: ft./year (Information available here: w\vw.soest.liawaii.edu/coasts/lcauaicoun v I�Countv.im LI) ® Number and description of parcels (including roads, buildings, structures) between Shoreline and this parcel: Princeville Development Corp has a remnant parc el along beach and then Anini Road fronts the property. -1- PLANNING DEPARTMENT SHORELINE SETBACK APPLICATION elevation ofsubiect ® Shoreline Beach with road in front of residence ❑ Artificially armored Shoreline ❑ If checked, what type of armoring (e.g. seawall, revetment, bulkhead): ❑ Is the armoring permitted/authorized? ❑ Date of authorization (attach copy of authorization letter): ® Is property in coastal floodplain (if checked, what zone)? VE ❑ Has this property been subject to coastal hazards (Le. flooding, erosion, is PLEASE NOTE: Any misrepresentation of information in this shoreline setback application will result in revocation of this determination and may result in fines and criminal prosecution. Setback Determination necessary. Requirements of Ordinance No. 979 are applicable. ❑ Setback Determination is NOT necessary. Requirements of Ordinance No. 979 are not applicable. -2- s/Z/v PLANNING DEPARTMENT SHORELINE SETBACK DETERMINATION If Part A has been deemed that a Determination will be necessary, the additional information will be required for submission of this application. Part B ® A non-refundable processing fee of one hundred dollars ( 00.00) shall accompany a request for determination. (§8-27.8(e)) ® An aerial map/image (ex. Google Maps or Google Earth) with a line drawn from the shoreline/vegetation line (approximate shoreline) to the proposed project and the calculated distance in feet. ® A detailed Plot Plan to scale with all existing and proposed structures including driveways, visible lot coverage, setbacks and measurement details, fences, gates, and walls, etc. ® Building Permit Number (If building plans submitted) Exemption Determination ❑ Exemption I In cases where the proposed structure or subdivision satisfies the following four criteria: (A) In cases where the proposed structure or subdivision is located outside of the Federal Emergency Management Agency (FEMA) Flood Insurance Rate Map (FIRM) `V' or `VE' flood zones; (B) The proposed structure or subdivision is located at an elevation which is thirty (30) feet above sea level or greater; (C) The applicant can demonstrate to the satisfaction of the Planning Director that the property is clearly adj acent to a rocky shoreline and that it will not affect or be affected by coastal erosion or hazards; and (D) The shoreline setback shall be sixty (60) feet from the certified shoreline which has been established tot more than twelve (12) months from the date of the application for the exception under this section. ❑ Exemption 2 In cases where the applicant can demonstrate to the satisfaction of the Planning Director that the applicant's proposed structure or subdivision will not affect beach processes, impact public beach access, or be affected by or contribute to coastal erosion or hazards, excluding natural disasters. Factors to be considered shall include, but not be limited to, proximity to the shoreline, topography, properties between shoreline and applicant's property, elevation, and the history of coastal hazards in the area. ® Exemption 3 Those structures and uses found exempt in Table 3 (§8-27.7) including repairs and renovations that DO NOT enlarge or expand a nonconforming structure. (see pg. 7) ® Letter from the Department of Public Works stating that the proposed project does not constitute "Substantial Improvement," pursuant to § 8-27.2 (If applicable, will require valuation of project) �, Pursuant to §8-27.3 the Kauai County Code, 1987 as amended, the Planning Department hereby certifies the proposed structures) or subdivisions) as exempt from those shorel ne setback determ nation requirements established under §8-27.8. or a`i County Code, 1987 as amended, the proposed structure(s) is permitted within the shoreline from those sho ".setback determination requirements established under §8-27.8, the ec conditions of 8-27.9(b). (See pg. 8) L —3— Bernard P. Carvalho, Jr. Mayor Wallace G. Rezentes, Jr. Managing Director Troy Snyder 4131 NW Thunder Crest Portland, OR 97229 DEPARTMENT OF PUBLIC WORKS County of Kauai, State of Hawaii 4444 Rice Street, Suite 275, Lihu`e, Hawaii 96766 TEL (808) 24t-4992 FAX (808) 241-6604 Apri128I 2017 Lyle Tabata Acting County Engineer Deputy County Engineer Subject: SHORELINE SETBACK APPLICATION SUBSTANTIAL IMPROVEMENT DETERMINATION (REVISED) TROY SNYDER TOTAL ROOF + INT REMODEL TMK: (4) 5-3-006:006, Lot 3 Dear Mr. Snyder, This Substantial Improvement Determination {S1D) supersedes the SID provided to you by letter dated November 4, 2016. The cost of improvements used in this SID has been revised to $95,819.31 and is based on the cost estimate provided by Silliman Construction dated April 13, 2017, The cost estimate was revised based primarily on the following changes to the scope of work: • Removal of permitting costs • Addition of bathroom fixtures • Addition of interior drywall • Installation ofplywood subfloor and removal of carpeting • Additional carpentry work ll�arket Value The market value used in the SID calculations is from the appraisal completed by Andrew Vea of Kauai Appraisals, Inc. The market value of the real property is estimated to be $194,114. Cost of Improvements The cost of improvements is the amount listed in the cost estimate prepared by Silliman Consiruction, Inc. dated April 13, 2017. A copy of the cost estimate is attached. Because the estimate was specific in types and costs for certain materials that are to be used, we will inspect the construction for compliance with the cost estimate as part of the building permit's final inspection. �In Equal Opportunity Employer Troy Snyder Substantial fmhrovement Determination (Revised) April 28, 2017 Deternziszalion The cost'of improvements compared to the market value is: Cost of Improvements {past 10 years): $95, &19.IT -31 Market Value (Appraisal "Cost Approach"); $194,114 0.494 or 49.4% Since the total cost does not exceed 50% of the market value, the improvement is not considered to be substantial. Please note that the 5ID is calculated over a ten year period. The amount rernainug that can be used for improvements to the building is $1,237 for the 10 year term that will end in April of 2027. We are providing a copy of this letter to both the Planning Department and the Building Division. If you have any questions or need additional information, contact Stanford Iwamoto at {809) 241,4896 or siwamoto@l.cauai.gov. Sincerely, � r MIC$AEL MOULE, P.E. Chief, Engineering Division SIlBV Copy: Design and Permitting Building Division (Leolynne Escalona) Planning (Jody Galinato) Silliman Construction, Inc. Adam Brown 3145a Akahi St., Lihue, Kauai, Hawaii 96766 Phone: (808) 652-9440 a Email: Bwaybrown@gmail.com Troy Snyder 4111 Anini Road Kilauea, Hi, 96754 July 15, 2015 Department of Planning &Building Division County of Kauai 4444 Rice Street Lihue, Hi 96766 SUBJECT: Agent Authorization TMK (4) 5-3-06:06 4111 Anini Road Kilauea, Hi. 96754 To wham it may concern: Authorized representative pertaining to the property at the above TMK is: Adam Brown ADAM BROWN ARCHITECTURE Ilc 3145 a Akahi St. Lihue, HI 96766 voice: 652-9440 email: bwaybrown@gmaii.com Client Name Property Owner/Manager Date ARCHITECTURAL SERVICES a PLANS � CONSULTING I IL POLE of 0 GOGO -� f I I l I I ROOF EAVE AT PROPERTY EDGE AG I BOUNDARY O PAVM'T Q GONG. DWY. It < Ir, GOGONI UT ' I TREE � I I I I -*III' LOT 2 FD. I/2" PIPE FD. I/2" PIPE 350034' -.. 64 nn IN TREE yr ONE-STORY O WOOD FRAME RE5IDENGE GAR PORT L.®T 1pry( 4,200 50. FT. / 20,00 IwIIIII II FD. REBAR '^ FD. I/2" PIPE J I I PARGEL I Prepared for. Beatrice R. Little ohn a/o Roberta R. Gborles Goldwell Banker Makai Properties Ig4lB PolrA6756 Road Kolo 3, 14 February 2, 2015 NOTES: a7 MANGO TREE ROOFi:AVE LOT IQ PERIMETER SURVEY OP LOT 5 ORTION OP Land Patent Number 4846 to W. F. AlIten at Hanalei, Kauai, Hawaii 20 0 20 Graphic Scale in Feet HEN. r •• 'ii1i: • � BRIAN M. HENNE5! Licensed ProPesslonal Gertlflcate No. 14.484 ADAM BROWN 5784 Ahakea St. Kapaa Hawaii 96746 Phone: (808) 652-9440 •Email: Bw�ybroWn@g,rnai,l,.,com �i' � ., _ _. - - TRANSMITTAL DATE: May 15, 2017 T0: Jodi Galinato FROM: Adam Brown SUBJECT: Second Shoreline Setback application Non Substantial Determination Letter for Troy Snyder 41 1 1 Anini Road CONTENTS Date Copies Description 05.04.17 1 Shoreline Setback Part A+B Exemption 3 05.04.17 1 $100 check 05.04.1 7 1 8x1 1 Google Map exhibit showing location of construction and distance to shoreline less than 500' with notation. 04.28.1 7 1 Substantial Improvement Determination (Revised) 07.15.1 5 1 Signed Architects representative letter 02.02.1 5 1 8X11 Site Plan Honua Engineering 05.1 5.1 7 1 1 1 xl 7 original submit permit site plan w notation Aloha Jodi, here is the application that we discussed. I have included a copy of the determination letter from Engineering that I received last week. Please let me Know if you need anything further. Mahalo, Adam Brown ARCHITECTURAL SERVICES ®PLANS •CONSULTING