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May52017ShorelineSetbackDeterminationApplications
PLANNING DEPARTMENT SHORELINE SETBACK APPLICATION -. FOR OFFICIAL, USE: ONLY, SSD 201�-�� Acceptance Date: Website Posting Date: - Determination Date: Planning Commission Date: Px 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, 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 Iicant Informafiop Applicant: Anininina LLC c/o Jon Kegle Address: P.O. Box 617 Phone: 808-652-0015 Applicant's Status: Kapaa, HI 96746 (Check one) Email: 'on@cogentd.com ❑ Owner of the Property ❑ Lessee of the Property �X 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: Open &Residential (R-4) Tax Map Key(s): 5-8-008:040 anArea: 23.500sf Natnre of Development: Renovations to existing residence. (Description of proposed Structure of 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. ® Properties Abutting the Shoreline ❑ Project's approximate distance from shoreline: ❑ Properties Not Abutting the Shoreline ElProject's approximate distance from shoreline: 45' ❑ Additional Information: ❑ Closest distance of improvement(s) from Shoreline is approximately 46' ft. ❑ Number of parcels and type of improvements (roads, buildings, structures) between Shoreline and this parcel: vzans 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) ^� � � � Subject property is relatively flat. I © Shoreline type (e.g. beach, dune, rocky, sandy with rocky outcropping, etc.) Adjacent shorelinesandy beach with some ❑ 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)? Zone VE-24 ® Has this to erty been subject to coastal hazards in the past? (If checked,- ] No, to the best of my knowledge. If the proposed structure or subdivision is within the shoreline setback azea then, please be aware that If the determination of a structure is approved, the Applicant shall agree in writ ng 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 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 �❑ Setback Deterr}utiatioh ne�ss`�ry. Requirements of Ordinance No. 979 apply, submit full application. Date 2 vzb�,s PLANNING DEPARTMENT SHORELINE SETBACK APPLICATION 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 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 (FHZM) `V' or `VE' flood zones; (E) 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," pursuant to §8-27.2 Pursuant to §8-27.3 the Kauai. County Code, 1987 as amended, the Planning Department hereby certifies the proposed tructure( r subdivtsion(s) as exempt from those shoreline setback determination required established under §8-27.8. , �a or d sianee Date vzens ,U1717i O9B.O52AO15 "BOA611 BAFNA11196746 Letter of Authorization I, Michael Fleiss of Anininina LLC, owner of lot T.M.K. (4) 5-8-008:040, enable Jon Kegle of Cogent Designs to act as the Authorized Agent regarding any permit submittal and processing for the aforementioned property. NL y Ikellssc(oc 21 m�5y Michael Fleiss Signature �L Y ' M;kafle�=c (Dzc'2t, 2016y ._ Email: nextent@yahoo.com Title: Manager Bernard P. Carvalho, Jr. Mayor Wallace G. Rezentes, Jr. Managing Director Anininina LLC PO BOX 617 Kapa` a HI 96746 Attn: Jon Kegle Lyle Tabata Acting County Engineer t7 VR 18 P 3 *Uv DEPARTMENT OF PUBLIC WORKS County of Kauai, State of Haw "•• 4444 Rice Street, Suite 275, Lihu`e, Hawaii 9 6 TEL (808) 241-4992 FAX (808) 241-6604 April 13, 2017 Subject: SHORELINE SETBACK APPLICATION SUBSTANTIAL IMPROVEMENT DETERMINATION (REVISED) ANINININA LLC REPAIRS AND RENOVATIONS TO EXISTING RESIDENCE TMK: (4) 5-8-008-040 Dear Mr. Kegle; This letter is in response to the revised cost estimate dated Apri13, 2017 that you submitted for the subject repairs. The Department of Public Works in a letter to you dated February 1, 2017 stated that it had performed a Substantial Improvement Determination (Si") for the proposed improvements under Building Permit Application No. 16-2603 and determined that the proposed improvements did not constitute a substantial improvement. The SID was based on a cost estimate of $182,500 prepared by S.G. Builders LLC and dated January 24, 2017. The construction of an outdoor shower has been deleted from the scope of work and the cost of the proposed improvements is now estimated to be $180,700. The cost of improvements compared to the market value is: Cost of Improvements (past.l0 years): $180, 700 Market Value (Real Property): $396,280 — 0.4559 or 45.6% Since the total cost does not exceed 50% of the market value, the improvement is not considered to be substantial. An Equal Opportunity Employer I vEG�ArIoUNE I I i I I O?on zoeo Ry n � Zo 0 EXISTING RESIDENCE (REPAIRS AND RENOVATIONS) 3 r m w tw_ I I GRA55 DRIVEWAY( -- LPG TANK ANCHOR PER 2 / A0.0 fTTll NEW SEPTC STSTRI ++-'.. REFER DF51CN T DPROVIDED Y ++ 'LOX TO ++;II IFfI -LL REPAIRS AND RENOVATIONS DO j NOT ENLARGE OR EXPAND THE EXISTING STRUCTURE NOR j INCLUDE ANY NEW STRUCTURES IL_I---_—_oNTSMACK_--- —J no ao ioo.00 WATER nETER AGAMO'O ROAD Plot Plan PLANNING DEPARTMENT SHORELINE SETBACK APPLICATION -. FOR OFFICIAL USE: ONLY: STD 201a - Acce tance Date: " 1 Website Posting Date: - Determination Date: G , Planning Commission Date: Expiration Date: Planner Assigned: P1 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 ' ticant information Applicant: Jon Ke le for Uplands Trust Address: P.O. Box 617 Phone: 652-0015 Kapaa, HI 96746 Email: jon@co entd.com Applicant's Status: (Check one) ❑ Owner of the Property Lessee of the Property ❑X 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: 21 April 2017 Project Information (attach additional sheets, if necessary) - County Zoning District: Open Tax Map Key(s): (4) 5-5-002:094 Land Area: 46,703sf Nature of Development: (Description of proposed Structure of subdivision Demolition of Existing Garage. Construction of New Garage w/ Guest House above. NO PERMITS WILL BE ISSUED WITHOUT PLANNING COMMISSION ACCEPTANCE, EXCEPT AS PROVH)ED 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 shoreline: 425' ❑ Properties Not Abutting the Shoreline ❑ Project's approximate distance from shoreline: ❑ Additional Information: ❑ Closest distance of improvement(s) from Shoreline is approximately 310' ft. ❑ Number of parcels and type of improvements (roads, buildings, structures) between Shoreline and this parcel: aizans PLANNING DEPARTMENT SHORELINE SETBACK APPLICATION r' FOR OFFICIAL USE ONLY: SSD 201 Acceptance 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) � Undulating to Flat grassy lawn w% highest elevation approximately 14.$' above MIL � W © Shoreline type (e.g. beach, dune, rocky, sandy with rocky outcropping, etc.) ❑ Artificially armored Shorelirte ❑ 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)? AE-12 ❑ Has tbispropetty been subject to coastal hazards m the past? (If checked, plea I None to my knowledge, but likely to have had some flooding at some 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 writ ng 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 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 PLANNING DEPARTMENT SHORELINE SETBACK APPLICATION IFPart 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 (S 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 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 w ll 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," pursuant to§8-27.2 §8-27 th?r Kauai County Code, 1987 as amended, the Planning Deparbnent hereby certifies the u e(s) c�r subdivision(s) as exempt from those shoreline setback determination required established 2Y16/IS cocItT 5174 Weke Road TMK: 5-5-2:94 Lot Coverage Allowed at Size: Lot Size based on Estimated Shoreline: Allowable Lot Coverage 10%: (Open Zone) of Coverage Calcs. Proposed 46,703sf 411920sf 4,192sf Existing Residence: 3,O60sf Proposed Garage 8 Paving: 900sf Exterior Stairs @ Residence: 805f Total Existing Lot Coverage: 4,0405f 3- 75.93' '.'enariectn:'J �'.'... -- 34' 54' 96.00' 2T 26' 10.13' - Weke Road Plot Plan 1 "=60' Letter of Authorization I_ Kevin Chick, a representative of It T.M.K (4) 5-5-002;094, enable Jon Kee oent ----- --- the owner of lot regarding the permitting Of an gns to act as the Authorized Agent y proposed improvements on the subject property, l evin Chick y�%7