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HomeMy WebLinkAboutFebruary23,2017shorelinesetbackapplicationsPLANNING DEPARTMENT SHORELINE SETBACK APPLICATION FOR.OFFICIAL USE ONLY: SSD 201_ - Acce tance Date: Website Posting Date: Determination Date: Planning Commission Date: A Expiration Date: —� Planner Assigned: Instructions: File all information requested under Part A for processing the Determination of Applicability .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. Aru licant Information Applicant: Anininina LLC c/o Jon Kegle Address: P.O. Box 617 Phone: 808-652-0015 A licant's Status: Kapaa, HI 96746 (Check one) Email: on co entd.com Owner of the Property Lessee of the Property 0 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: PCO`¢et Information (attach additional sheets, if necessary) Coumy Zoning District: Open & Residential (R-4) Tax Map Key(s): 5-8-008:040 Land Area: 23 500sf Nature 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: 45' ❑ Properties Not Abutting the Shoreline ❑ Project's approximate distance from shoreline: ❑ Additional Information: ❑ Closest distance of improvement(s) from Shoreline is approximately ❑ Number of parcels and type of improvements (roads, bm idings, structures) between Shoreline and this parcel: zrzens PLANNING DEPARTMENT SHORELINE SETBACK APPLICATION FOROFFICIAL :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) Subject property is relatively flat. © Shoreline type (e.g. beach, dune, rocky, sandy with rocky outcropping, etc.) li— Adjacent shoreline is a sandy beach with some exposed reef/rock. i ❑ 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 property 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 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 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 Date Applicability (to be completed by Planning Department) Setback Deter r anon n ssary. Requirements of Ordinance No. 979 apply, submit ffu�ll application. Z126/15 PLANNING DEPARTMENT SHORELINE SETBACK APPLICATION If Part A has bean 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 (S100.00) shall accompany a request for determination. (§8 27.8(e)) ❑ Exemption 1 Incases where the proposed sttttcture 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; (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) X❑ Letter from the Department of Public Works stating that the proposed project does not constitute "Substantial Improvement," pursuant to §8-27.2 Exem lion Determination (to be completed by Planning Department) Pursuant to §8-27.3 the Kauai County Code, 1987 as amended, the Planning Department hereby certifies the propoedktructure(s or bdivision(s) as exempt from those shoreline setback determination required established undek §8-27.8. f . ) Date z/aeus u�ld fold Qeou o,ox�v�v H319W 2B1VM--\ r” aave�su�oai ui — 1 II IJI I II I I I I I I IIrI r I .IlVWH Xm, I r AB 0301AOHd 5000 +zi ' �W3al 1SAS J1d35dM3N TY 0'ov /Zz2Bd21pH LL1J I III �_i 0 II I I IIIN _� I I � w y IN wl I� nl I (SNOI1VAON3H (INV SHIVd38) I 30N301S3H ONIISIX3 .. I I euoZb,a auo2 uar10 ' ., 3NIl NOIIV303A I II II II 11 II II I I I I AO'W AAE.WL l 8ge;66t.6gY5 Pq NqN 6Y7 NAI'8'A MI g16766 Letter of Authorization I, Michael Fleiss of Anininina LLC, owner of lot T.M.K. (4) 5-8-008:04Q enable Jon Kegle of Cogent Designs to act as the Authorized Agent regarding any permit submittal and processing for the aforementioned property. Michael Fleiss Signature: -- N`' Email: nextent@yahoo.com Title: Manager Bernard P. Carvalho, Jr. Mayor Wallace G. Rezentes, Jr. Managing Director DEPARTMENT OT 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 February 1, 2017 Anininina LLC PO BOX 617 Kapa` a HI 96746 Attn: Jon Kegle Lyle Tabata Acting County Engineer Subject: SHORELINE SETBACK APPLICATION SUBSTANTIAL IMPROVEMENT DETERMINATION ANINININA LLC REPAIRS AND RENOVATIONS TO EXISTING RESIDENCE TMK: (4) 5-8-008-040 PW 01.17.019 Dear Mr. Keg1e; T`he 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 construction of the first improvement during that ten (10) year period. For the putposes 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 Worlcs (DPW) Engineering Division has reviewed the proposed repair and renovations to the existing structure. DPW has determined that the proposed improvements do not constitute a substantial improvement. A summary of the calculations follows. Market Value The market value used in the calculations is from the appraisal completed by "Thomas Michael Hegarty. The market value of the real property is estimated to be $396,280, as of November 13, 2016, which is the date of inspection and the effective date of the appraisal. The appraisal was prepared by a professional appraiser licensed in the State of Hawaii (#CRA 0000386) and the market value was based on the "Total Cost of Improvements Minus Depreciation." An Ega�al Opportunity L'mployer PLANNING DEPARTMENT SHORELINE SETBACK APPLICATION F M OFFICIAL USE ONLY:.i SSD 201 1 — o&A t Acceptance Date: Website Posting Date: —(7 DeterminationDate: —17 Planning Commission Date: - 17 Ex iration Date: , t Plaaner Assigned: (d Instrucfions: File all information requested under Part A for processing the Determinafion 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 IicantInformation Applicant: Tri-State Properties LLC clo Jon Kegle Address: P.O. Box 617 Phone: 808-652-0015 A licant's Status: Kapaa, HI 96746 Email: (Check one) jon@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: County Zoning District: Open Tax Map Key(s): 5-5-003:006 an Area: 17.221 hi Nature of Development: Renovations to existing residence. There are 2 separate residences on the property. (Description of proposed The proposed renovations are to the Makai side residence. Structure of subdivision) New ra' F- vJc^ ll wit I i is 1hn t� i �(s ce ( P d d 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, rill 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 ❑ Project's approximate distance from shoreline: 160' ❑ Additionallnformation: ❑ Closest distance of improvement(s) from Shoreline is approximately 160' ft. ❑ Number ofparcels and type of improvements (roads, buildings, structures) between Shoreline and this parcel: li Waioli Beach Park lies between this property and the Shoreline. -- — --- - - - ------------- vzFns PLANNING DEPARTMENT SHORELINE SETBACK APPLICATION FOR OFFICIAL USE ONLY: SSD 201 Acceptance Date: Website Posting Date: Determination Date: Plannin Commission Date: Expiration Date: Planner Assigned: ® Topography (undulating, flat, slope, etc.) and ground elevation of subjectparcel (Lowest and Highest elevations) ----------------------------------------------------------------------- Subject property is relatively flat. © Shoreline type (e.g. beach, dune, rocky, sandy with rocky outcropping, etc.) Adjacent shoreline is a sandy beach with grassy area behind. ❑ 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 XS © Has this property been subject to coastal hazards in the past? (If checked,_ j No, to the best of my knowledge. 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 he 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 Drector 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 Setback Determination cessary. Requirements of Ordinance No. 979 apply, submit full application. Date z�zens 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 ManagementAgency (FEMA) Flood Insurance Rate Map (FIRM) `V' or `VE' 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 Incases 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) X❑ Lettex 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 structures) or subdivisions) as exempt from those shoreline setback detemtination required established under -27.8. l� Pl D re r desienee Date 2/2fi/li 1 UPP.P6T.PPIP a 17 ri PPBP14A17. MPWAP1OW46 Letter of AU ul izatioll 1, Jackie Yellin, matttroing partner for Tri-State Pacific Li,C; o4vaet of lot T.M.Ik. �`1) 5-y-00J:ODb, herekiy authorize Jon Kegle of Cogent Designs, to act as the Authorized Agent for any permit submittal requirements for iiae aforementioned property. a wAIOLI BEACH PARK III➢t2FiFiP?P1 (Pm ovA APW Md 0.e ions) k pimov EXIST. EI PAVING I I I I I I I IB I I I I I wsKs RoeD Plot Plan Bernard P. Carvallio, Jr. Mayor allaee G. Rezentes; Jr. vlanaging Director DEPARTMENT OF PUBLIC WORKS County of Kauai, State of Hawaii Rice Street, Suite 275, Lfhu`e, Hawaii 96766 TF,L (808) 241-4992 FAX (808) 241-6604 January 30, 2017 Jon Kegle PO BOX 617 Kapa`a,1--1I 96746 Lyle Tabata Acting County Engineer Subject: SHORELINE SETBACK APPLICATION SUBSTANTIAL IMPROVEMENT DETERMINATION TRI-STATE PROPERTIES, LLC RENOVATIONS TO EXISTING RESIDENCE TMK: (4) 5-5-003:006 Dear Mr. Kegle; 1 he Kauai County Shoreline Setback and Coastal Protection Ordn7ance (Ordinance No. 979) Sect on 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%) ofthe 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 convinces, whether or not that alteration affects the external dimensions of the structure." The Deparrinent of Public Works (DPtV) Engirt©eriug Division hasreviewed the proposed renavationsto the existing residence. DPW has determined that the proposed improvements do not constitute a substantial improvement. A summary of the calculations follows. Market Value The market value 'used in the calculations is from the appraisal completed by Steven .1. Nishimura. He estimated the market value of the real property to be $10,400;000, as of October 11, 2016, which is the date of inspection and the effective date of the appraisal. The appraisal was prepared by a professional appraiser licensed in the State of Hawaii (License4 CGA 034) and the market value was based on the "Cost Approach," G�Je have reviewed the appraisal and have determined that for the purpose of making a Substantial hnprovementDeterrnination, we will be using the value of $2,155,650. This market value excludes the value of the laical, the value of the ADU and other site improvements that were included in the appraisal. An Egual Opportunity ETnployer etc I'Voperties' Ll C 7hutel'vne '�1Ls11�;�yoh�it�-us—�i�h iuiitrii7mx�r©vem�i� 1,et�'mivatici� as E�a�7 30, 2017 Cost of Improvements T71ere were no building permits approved for the structure within the past 10 years. The total cost of improvements to the existing residence is taken to be the cost estimate of $271,800.34, which waa prepared by Hanalei CDM Inca and submitted to the Engineering Division on January 20, 2017. Summary The cost of improvements compared to the market value is: Cost of Improlrenlents (past 10years): 3'71, — 01261orI2.61% Market Value (Real 'Property):S2,155,650 Since the total cost does not exceed 50% 0 of the market value; the improvement is not considered to be substantial, Based on our records there were no other permits for the structure within, the past ten years. However, if any unperinitted work has been done, or if there are modifications to this application, our determination shall be considered void and the structure must be re- evaluated. If you have any questions. or need additional irrfoinlatian, contact Stanford Iwatnoto at (808) 24I-4896 or siwamotoakaua .goy. Sincerely, lr ZIC$AEL MOULE, P.E. Chief; Engineering Division SUBV Copy: Design and Permitting Planning I- PLANNING DEPARTMENT SHORELINE SETBACK APPLICATION FOR:OFFICL41 USE ONLY: '< SSD 201 7 Acceptance Date: z2 d- I - I I Website Posting Date: —J 7 Determination Date: i Planning Commission Date: E iration Date: Planner Assigned: Zop 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 licantInformation Applicant: Jon Kegle on behalf of John and Trisha Seaton Address: P.O. Box 617 Phone: 652-0015 A licam's Status: Kapaa, HI (Check one) 96746 Email: on co entd.com 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: Residential (R-20) Tax Map K Land Area: Nature of Development: Interior renovations to existing condominium unit #5203 at The Makahuena (Description of proposed NO PERMITS WILL BE ISSUED WITHOUT PLANNING COMMISSION ACCEPTANCE, EXCEPT AS PROVIDED IN §8-27.8(c)(S) 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 © Project's approximate distance from shoreline: 95' ❑ Properties Not Abutting the Shoreline ❑ Project's approximate distance from shoreline: ® Additional Information: ❑X Closest distance of improvement(s) from Shoreline is approximately 95' ft. ❑ Number of parcels and type of improvements (roads, buildings, structures) between Shoreline and this parcel: vzens PLANNING DEPARTMENT SHORELINE SETBACK APPLICATION FOR OFFICIAL USE ONLY: -i SSD 201 Acceptance Date: Website Posting Date: Determination Date: Planning Commission Date: Ex iration Date: Planner Assigned: ❑ Topography (undulating, flat, slope, etcJ and ground elevation of subject parcel (Lowest and 13ighest elevations) ❑ Shoreline type (e.g. beach, dune, rocky, sandy with rocky outcropping, etc.) ❑ 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)? XS historic) ❑ Has this property been subject to coastal hazards in the past? (If checked, If the proposed structure or subdivision is within the shore]ine setback area then, please be aware that if the determination of a structure is approved, the Applicant shall agree in writ rig that the Applicant, its successors, and perm tted 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 perm t. §8-27.7(b)(6). Applicant's Signature Date Setback Determination n ce sary. Requirements of Ordinance No. 979 apply, submit full application. PLANNING DEPARTMENT SHORELINE SETBACK APPLICATION If Part A has been deemed that a Deterun inafion 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 (S100.00) shall accompany a request for determination. (§8-27.8(e)) ❑ Exemption 1 In cases where the proposed stmcture 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 Incases where the applicant can demonstrate to the satisfaction of the Planning Director that the applicant's proposed structure or subd vision w ll not affect beach processes, impact public beach access, or be affected by or contr bme 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 Exemption Determination (to be completed: by Planni g Department) Pursuant to §8-27.3 the Kauai County Code, 1987 as amended, the Planning Department hereby certifies the proposed stye gture(s) or division(s) as exempt from those shoreline setback determination required established under §8- 7... 2/2fi/IS g. ePBNS2PP15 .Pp PPAP17 NUPA'A NIPPia6 cot Letter of Authorization We, John and Trisha Seaton, owner of condominium #5203 at "The Makahuena" and identified by TMK (4) 2-8-020:003, enable Jon Kegle of Cogent Designs to act as the Authorized Agent regarding any permit submittal and processing for the aforementioned property`. John and/or Trisha Seaton Date NQRTN is \ ifEacM r1�• TO KOLOA U PEE ROAD IJgL'� p`. OFFICE c.i Bernard P. Carvalho, Jr. Mayor Wallace G. Rezentes, Jr. Managing Director Jon Kegle PO BOX 617 Kapa`a, HI 96746 Lyle Tabata Acting County Engineer DEPARTMENT OF PUBLIC WORKS County of Kauai, State of HaVai`iF `, 16 4444 Rice Street, Suite 275, Lfu`e, Hawaii 96766 TEL (808) 241-4992 FAX (808) 241-6604 February 10, 2017 Subject: SHORELINE SETBACK APPLICATION SUBSTANTIAL IMPROVEMENT DETERMINATION JOHN AND TRISHA SEATON — INTERIOR RENOVATIONS TO UNIT 45203 (BUILDING III) TMK: (4) 2-8-020:003-0077 Dear Mr. Kegle; PW 01.17.021 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 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 (DPW) Engineering Division has reviewed the proposed interior renovations to the existing structure. DPW has determined that the proposed improvements do not constitute a substantial improvement. A summary of the calculations follows. Market Value 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 2016 RCNLD was determined to be $1,657,500 for Building III. 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 )epreciation). f1n Egual Opportunity Employer John and Trisha Seaton Shoreline Setback Application — Substantial Improvement Determination February 10, 2017 Cost of Improvements The cost estimate prepared by Custom Creations that was submitted to the Engineering Division via email on February 7, 2017 estimated the cost of improvements to be $311,236. There is also a second building permit for work in Building III that is currently under review. That building Permit Application, BP 17-0039, has an estimated value of $81,120. There were no other building permits on record for the past ten years. The total cost of improvements is summarized below: BP 17-0039 $81,120 BP for unit #5203 j $311,236 j TOTAL $392,356 j -- ---- -- - ---- - -- - -- --- -- - ---- - -- - - --- ---- --- - -- --- - --- Summary The cost of improvements compared to the market value is: Cost of Improvements (past 10 years): $392,356 = Market Value (Real Property): $1, 657, 500 0.2367 or 23.7% 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 unpermitted 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 Iwamoto at (808) 241-4896 or siwamoto(vkauai.gov. Sincerely; MICHAEL MOULE, P.E. Chief, Engineering Division SUBV Copy: Design and Permitting Planning PLANNING DEPARTMENT SHORELINE SETBACK APPLICATION FOR OFFICIAL USE ONLY: SSD 2011- 3�L Acceptance Date: �2 — li Web site Posting Date: Determination Date: e'- -Plannin Commission Dates - ` I A Expiration Data: Planner Assigned: Insh2ictions: File all information requested under Part A for processing the Determination of Applicability .1), including signature page. Fill out Parts A and B if you know, due to proximity of the shoreline, that your pa eel will require a Certified Shoreline Stuvey. If you are proposing a permitted stricture or subdivision within the shoreline setback area fill in Part C. For applications involving a variance, complete Part D. Project A � tlicant Informafion_ _—� Applicant: 1 tk 1�'; )-k'C Mailing Address: ('t A licant's Stuns: (Check one) p 'l, �a`> Phone: le � Email:> - 0341 n ] ca... c, `✓� ❑ Owner of the Property Lessee of the Property ❑ Authorized Agent I (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 offiline of this application. If not, Ovrter(s) must provide a Letter of Authorization. I Attach Letter of Authorization TransmittalDate: f D •'� Information (attach additional sheets, if necessary) Cotmty Zoning District: VTax Map Key(s): ? a Land Area: Nature of Development: i fit• 094 0� (Description of proposed, (� y r�� suucttine or subdivision) NO PERMITS WILL BE ISSUED WITHOUT PLANNING COMMISSION ACCEPTANCE, EXCEPT AS PROVIDED 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, p)yotos and/or documentation. ^ Properties Abutting the Shoreline ❑ Prcject's approximate distance from shoreline: `7 per ies tu�ffnc flieSlioreTine -- ❑ Project's approximate distance from shoreline: -y ❑ Additional hnformation: ❑ Closest distance of improvement(s) from Shoreline is approximately f . ❑ Number of parcels and type of improvements (roads, buildings, structures) between Shoreline and this parcel: -1- 3iosns PLANNING DEPARTMENT SHORELINE SETBACK APPLICATION FOR OFFICIAL USE ONLY: - SSD 201 - Acceptance Date: Website Posting Date: Determination Date: - Planiuro CommissionDate:- Expiration Date: Planner Assigned: Topography (undulating, flat, slope, eteJ and gromid elevation of subject parcel (Lowest and Highest elevations) ® Shoreline type (e.g. beach, duce, rocky, sandy with rocky outcropping, eto_) ❑ Arfifioially armored Shoreline ❑ If checked, what type of armoring (e.g. seawall, revetment, bulkhead): ❑ Is the armoring pennittedlauthorized? /❑ 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„ If the proposed sriuctuxe ox subdivision is withhi the shoreline sefbaok area then, please be aware drat if the deternnation of a stntcture is approved, the Applicant shall agree in writing that the Applicant, its successors, and permitted assigns shall defend, indemnify, and bold 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 applioant 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 approvaI 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). AppHeanYs Signature -2- 3rosns PLANNING DEPARTMENT SHORELINE SETBACK DETERMINATION If Part A has Ueen 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 satisfies the following four criteria: (A) In cases where the proposed structure or subdivision is locatedoutside 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 applicants 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, pro=. ty to the shoreline, topography, properties between shoreline mud applicant's property, elevation, and the history of coastal hazards in the area. Exemption 3 Those structures and uses found exempt iu 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 §8-272 EzemnfionDetermination (to be camnleted liv Planning Department)' to §8-27.3 the Kauai County Code, 1987 as amended, the Plamring Depaztment hereby certifies t st-ucmre(.� Or subdivision(s) as exempt from those shoreline setback determination requirements :d und®r 8 7.8. Date -3- e/ns/ss 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, Lihu`e, Hawaii 96766 TEL (808) 241-4992 FAX (808) 241-6604•- January 30, 2017 Jody McCune PO BOX 1230 Lawa`i, HI 96765 Subject: SHORELINE SETBACK APPLICATION Lyle Tabata Acting County Engineer SUBSTANTIAL IMPROVEMENT DETERMINATION THE BEAUTY SHOP —TENANT IMPROVEMENTS, LAWA`I, KAUA`I, HAWAI`I TMK: (4) 4-3-020:013-0209 Dear Ms. McCune; 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 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 (DPW) Engineering Division has reviewed the proposed interior renovations to the existing structure. DP W has determined that the proposed improvements do not constitute a substantial improvement. A summary of the calculations follows. Market TTalue There was one building permit approved for the structure within the past 10 years. Building permit 15-1238 was approved in 2015. Therefore, the market value used in the calculations is the 2015 Replacement Cost New Less Depreciation (RCNLD) value for the structure as determined by the County's Real Property Assessment Division. The 2015 RCNLD was determined to be $612,800. 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