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Home My WebLink AboutNovember 1, 2016 SSD ApplicationsFOR OFFICIAL USE ONLY: SSD 201-7 - Acceptance Data: Jrj Website PostingDate: - (dam Determination Date: Plmning Commission Date: Expiration Date: . • 1 Planner Assigned: Instructions: File all nformation requested aide Part A fox 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 pennitted structure or subdivision within the shoreline setback area fill in Part C. For applications involving a variance, complete Part D, A > >licant Information Applicant: /kU G _ Mailing Address: .tJid r-, 9a=�j t ix F A lieant's Status: (Cheak one 1yL 1�.� `?e�v s'7 Phone: F,%"2— (/Z I h i 111z. �yC I(aL Email:OM Owner-otthe -Properly ----. ❑ Lessee of the Property ❑'' Authorized Agent - (Holder 0# at least ZS % al-the.equitable-and .legal title Lessee must have an unexpired and recorded lease of five (5) years or more hem the date of filing,of this application. If not, Owner(s) must provide a Letter of Authorization. Attach Letter of Authorization Transmittal Date: Laud Area: Nature of Development: �� v�c�-ic. �CJ2 �� 1--h,a�-i+i �.tC�� (Description ofproposed stricture or subdivision) NO PERMITS WILL BE IS5UED WITHOUT PLANNING COMMISSION ACCEPTANCE, EXCEPT AS PROVIDED IN §8-27.8(c)(8) Part A Shoreline Setback Determination of Applicability (§5-27.1) Check all that apply, fill in applicable information. Any box checked must be accompanied by additional information, photos and/or documentation. Er Properties Abutting the Shoreline 1 Project's approximate distance from shoreline: ❑ Properties Not Abutting the Shoreline ❑ Project's approximate distance from shoreline: ' Additionallnforrnation: ❑ Closest distance of improvement(s) from Shoreline is approximately '7. ��'t= it. ❑ Number of parcels and type of improvements (roads, buildings, structures) between Shoreline and this parcel: -1- 3/OS/15 PLANNING DEPARTMMNT FOR OFFICIAL USE ONLY: SSD 201 Acoe tance Date: Website Postal, Date: Detenninadan Date: Planning Commission Date: Expiration Date: Plaiwer Assigned: ❑ Topography (undtilatiug, flat, slope, etc.) and ground elevation of subject parcel (Lowest and Highest elevations) ❑ Shoreline type (e.g. beach, chine, roolry, sandy with rooky outcropping, etc.) ❑ Artificially armored Shoreline ❑ If checked, what type of minoring (e.g. seawall, revetment, bulkhead): ❑ Date of authorization (attach Dopy of authorization letter): ❑ Is property in coastal floodplain (if checked, what zone)? _ ❑ Has this property been subject to coastal hazards in the past? If the proposed structure or subdivision is within the shoreline setback area then, please be aware that if the determination of a shuctire is apprroved, the Applicant shall agree in writing that the Applicant, its successors, and permitted assigns shall defend, indemnify, and hold the County of Kaua`i 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 Cotut, whichever is applicable, no later than thirty (30) days alter 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 �0 ��/ '��--� �-"" � cif✓A t�-�I� wgnatu— � Date A licability (to be completed by Planning Department) / Setback D termipation ces ary. Reqitirements of Ordinance No. 979 are applicable. -2- e/os/rs PLANNING DEPARTMENT "ORIONMAICAM1; If Part A has Ueen deemed that a Determ trot on will be necessary, the additional nforma on will be requ red 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 oases where the proposed structure or subdivision satisfies One 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 Planting 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 bus 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 stntchue 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. ❑ )xemption 3 Those structures and uses found exempt in Table 3 (§8-27.7) (see pg. 5-6) ❑ Exe Letter from the Deportment of Public Works stating that the proposed project does not constihtte "Substantial Improvement," pursuant to§8-27.2 mption Determination (to be completed by Planning Department) to §8-27.3 the T 2`i County Code, 1987 as amended, the Planning DepartrnenY hereby certifies t �6L)tcture(s)Nr sub ivisiou(s) as exempt from those shoreline setback detenn ination requirements Date -3- 3/OS(15 July 5, 2016 To whom it may concern: I, Diane Pavao, General Manager for AOAO Kaha Lani authorize T.J. Bossard to act as our agent for matters relating to the zoning permit application and SMA application. Yours truly, Diane �' ��° lla�eaii a Lauai � T[aui � ��lolok�ii a Oahu a �,VBu�%caland 7 3 4: . z91, &) / ~\ � � } () ( \ 2« �) . � . \ � /\\ ° w �\ \ƒ \ / \\ / / j �R Bernard P. Carvidno, Jr. Mayor Wallace G. Rezentes, Jr. Managing➢hector BI;PARTMENT OF PUBLIC WORKS County of Kaua `i, State of Ifawai`i 4444 Rice Sheet, Suite 275, LTWe, Hawaii 96766 TEL (sos) 241-4992 FAX (sos) 24i-66o4 October 21, 2016 TJ Bossard Engineering, LLC 4385 Pahe`e Road Lhu` e I1I 96766 Attn: TJ Bossard Subject: SFIORELINE SETBACK APPLICATION SUBSTANTIAL IMPROVEMENT DETERMINATION TMK: (4) 3-9-006-004 Dear Mr. Bossard, Lyle Tabata Acting County Engineer 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 occtn• 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 Deparimant of Public Works -Engineering Division (DPW) has reviewed the proposed stair column repair work for the Kaha Lani Condominiums. The repair warlc involves four (4) separate structures on the subject property. The determination of substantial improvement is done separately for each stractru•e. Building No. 4 Building No. 4 is a 2-story condominium structure and. the proposed construction consists of repair work. to a single column for the stair landing. DPW has determined that the proposed improvements do not constitute a substantial improvement. A surmnaty of the calculations is provided below. An Egaar2i Opportunity �nsployer Kahn Lani Condominiums (Column Repair) Substantial Determination foil INK 3-9-006-004 October 2I, 2016 Page 2 of 5 1V1aMet Vrxlue There were 2 total building permits approved for the structure within the past ten years. The first building permit, BP 13-2394 was approved in 2013. Therefore, the market value used in the calculations is the 2013 Replacement Cost New Less Depreciation (RCNLD) value for the structure. The 2013 RCNLD was determined by the County's Real Property Assessment Division to be $1,168,800 for Building No. 4. 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 Idawai`i and the market value shall be based on the "Cost Approach" (or Replacement Cost New Less Depreciation). Cost oflmprove>rzents The cost of past building permits is taken to be the valuation shown in DPW Building Division records. The total cost of improvements for the proposed single column repair work for Building No. 4 is taken to be the cost estimate of $2,008 that was provided in a Construction. Contract prepared by CR Design and Construction, Inc, sent via email on October 5, 2016. The total cost is suumnarized as follows for the past 10 years: ,, 6P 13-2395 $11,300 i BP 16-2031 $24008 j (current BP) TOTAL $2A,608 $24608 -4unu�zmy The cost of improvements for Building No. 4 compared to the 2013 RCNLD market value is summarized as follows: Cost of Improvements (past ] 0 years): $24,6(78 Market Value (Real Pxoperty): $ 1,168,800 — 0.02105 or 2.11 I3nildiu� No. 5 Building No. 5 is a 3-story condominium structure anal the proposed construction consists of repair work to three columns fm• two stair landings. DPW has determnred that the proposed improvements do not constitute a substantial improvement. A suunmay of the calculations is provided below. Market Value There were 3 total building permits approved. for the structure within the past ten years. The first building permit, BP 13-2396, was approved in 2013. Therefore, the market value used in the calculations :is the 2013 Replacement Cost New Less Depreciation (RCNLD) value for the structure. The 2013 RCNLD was determined by the County's Real Property Assessment Division to be $1,460,700 for Building No. 5. If the owner chooses to dispute this value, then an. Kaha Land Condonrininms (Column Repair) Substantial Determination for TMK 3-9-006-004 October 21, 2016 Page 3 of 5 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). Cost of'Irxxprovements The cost of past building permits is taken to be the valuation shown in DPW Building Division records, The total cost of improvements for the proposed repair work to three columns for Building No. 5 is taken to be the cost estimate of $6,024 that was provided in a Construction Contract prepared by CR Design and Construction, Inc, sent via email on October 5, 2016. The total cost is summarized as follows for the past 10 years: BP 13-2396 $11,300 BP 13-2798 $1L300 BP 13-2799 $ 11,300 BP 16-2039 -300 $6,024 (current BP) TOTAL ! $39,924 j Sumxnary The cost of improvements for Building No. 5 compared to the 2013 RCNLD market value .is summarized as follows: Cost of Improvements (past 10 years}: $39,924 Market Value (Real Property): $ 1,460,700 — OA2733 or 2.73% BuildintNu. 6 Bulldirig No. 6 is a 2-story condonvniuni shucture and the proposed construction consists of repair work to two columns for two stair landings. DPW has determined that the proposed improvements do not constitute a substantial improvement. A summary of the calculations is provided below. Market Value There were 2 total building pezniits approved for the stzuctzre within the past ten years. The first building permit, BP 13-2397, was approved in 2013. Therefore, the marltet value used in the calculations is the 2013 Replacement Cost New .Less Depreciation (RCNLD) value for the structure, The 2013 RCNLD was determined by the County's Real Property Assessment Division to be $1,286,500 for Building No. 6. 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 ofllawai`i and the market value shall be based on the "Cost Approach" (or Replacement Cost New Less Depreciation), Kaha Lauri CO➢10111ipRImS (COillaw Repair) Substantial Determination PorTN1K'M9 006.004 October 21, 2016 Paged of 5 Corr oflnxproven:ents The cost of past building permits is takint to be the valuation shown in DPW Building Division records. The total cost of improvements for the proposed repair work to two columns for Buil ding No, 6 is taken to be the cost estimate of $4,016 that was provided in a Construction Contract prepared by CR Design and Construction, Inc. sent via email on October 5, 2016. The total cost is summarized as follows for the past 10 years: 8P 13-2397 $18,400 j BP 13-2800 $11,300" BP 16-2042 $4,016 (current BP) TOTAL $33,716 j ------------- - - - Srnnnsary The cost of improvements for Building No. 6 compared to the 2013 RCNLD market value is summarized as follows: Cost of Improvements (past 10 years}: $33,716 02620 or 2 Market Value (Real Property): $ 1,286,500 0..62% Buildlns No. 9 Building No. 9 is a 2-story condonrinium structure uid the proposed conshuction consists of repair work to four columns or two stair landings. DPW has determined that the proposed improvements do not constitute a substantial improvement. A summary of the calculations is provided below. Market Value There were 3 total building permits approved for the structure within the past ten years. The first building permit, BP 13-2408, was approved in 2013. `therefore, the market value used in the calculations is the 2013 Replacement Cost New Less Depreciation (RCNLD) value for the structure. The 2013 RCNLD was determined by the County's Real Property Assessment Division to be $1,058,600 for Building No, 9. 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), Cost of Improvements The cost of past building permits is taken to be the valuation shown in DPW Building Division records. The total cost of improvements for the proposed repair work to four columns for Building No, 9 is taken to be the cost estimate of $ 8,030 that was provided in a Construction Contract prepared by CR Design and Construction, Inc, sent via email on October 5, 2016. The total cost is summarized as follows for the past 10 years: Kaha Lani Condonriuunus (CohmmRepair) Substantial Detennin,ttion for TMK 3-9-006-004 October 21, 2016 Page 5 of 5 8P 13-2409 $11,300 BP 13.2408 —' ----------------- -- ' $6,600 ---------- - BP 13-2808 $11,300 BP 16-2044 sum (current BP) TOTAL TO ------------ --- $37,230 — — — — Su>7sfrtn�y The cost of improvements for Building No. 9 compared to the market value is summarized as follows: Cost of Improvements (past 10 years) _$37,230 _ 0.03516 or 3.52% Market Value (Real Property): $ 15058,600 Since the total cost of each strvctnre does not exceed 50% of the market value, the improvement 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 ($0$) 241-4$96 or siwamoto@Ivan .gov. Sincerely, MICHAEL MOULE, RE, Ch ef, Engineering Division BV/SI Copy to; Design and Permitting Planning PLANNING -VEPAKMKNT o �,. FOR OFFICIAL USE ONLY: SSD 201__77. - �20 Acceptance Date: Website Posting Date: Deternmadou Date: I p q J.lp Planning Commission Date: IV Expiration Date: /`(�' �'• 1 Planner Assigned: Insh"uctious: File all infonnatiort requested under Part A for processing the Deteunination oPApplicability (§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 llicaut Iuformafiml Applicant: Mailing Address: ({ eM� Sq rl 1e e q yy.p A_ H,e; _A licant's Status.:._(Checicone). Phone: Email: 679 t? 'Y 157 q- w q- a f^; rz • C 6 AA ❑ 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 ap lication. If not, Owner(s) must provide a Letter of Authorization. 1 Attach Letter of Authorization Transmittal Date: PCOJCCt Information (attach additional sheets, if necessary) 2�C5�z(G3 County Zoning District: Tax Map Key(s), 5 - 2 Land Area: Nature of Development: (Description of proposed structure or subdivision) m 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 _ A ❑ Project's approximate distance from shoreline: Properties Not Abutting the Shoreline ®1 ❑ Project's approximate distance from shoreline: _ ... ❑ Additional Information: ❑ Closest distance of improvement(s) from Shoreline is approximately ft. ❑ Nmnber of parcels and type of improvements (roads, buildings, structures) between Shoreline and this parcel: ------tq N f N t 1Z a R.s -!- Jo u- b c.l� d'A rzl<«+ g9 IV) ' P � 6V i ehYtl� - - - - - -- - — - - — - — - — - - --- -------------------------------------' 1- vesns FOR OFFICIAL USE ONLY: SSD 201 Acceptance Date: Website Posting Date: Determination Date: Planning Commission Date: Expiration Date: Plarmer Assigued: ❑ Topography (tuldulating, flat, slope, etc.) and ground elevation of subject parcel (Lowest and Highest elevations) r -- I ❑ Shoreluie type (e.g. beach, dune, rocky, sandy with rocky outcropping, etc.) U e Artificially armored Shoreline ❑-If checked; -what type- of armortng(e.g..eawall revetment, -hull ❑ Is the armoring permitted/authorized? �1; ❑ Date of authorization (attach copy of authorization letter): 0 Is property in coastal floodplain (if checked, what zone)? VS Has thus orouerty been subiect to coastal hazards in the past? Qf ch If the proposed. structure or subdivision is within the shoreline setback area then, please be aware that if the determination of a sriveture is approved, the Applicant shall agree in writing that the Applicant, its successors, and permitted assigus 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 tun with the land andshall be set forth in a unilateral agreement recorded by the applicant with the Bureau of Conveyances or the Laud Court, whichever is applicable, no later than thirty (30) days after the date of final shoreline approval of the stmctare 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 acid 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 5etbacic Date Requirements of Ordinance No. 979 are applicable. 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-refimdable 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 (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 strnettue 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§8-2T2 Exemption Determination (to be completed By Planning Department) Ptrsuant to §8-27.3 the Kana`i County Code, 1987 as uneuded, the Planning Department hereby certifies t propose tnicture or nbdivisimi(s) as exempt from those shoreline setback detenninationrequirements establ he under 8-27. . Date -3- 3/a5/15 �. VAN 10191 Name: PRW PRINCEVILLE DEVELOPMENT COMPANY, LLC, a Hawaii limited liability company Address: I100 Alakea Street, Suite 2500 Honolulu, Hawaii 96813 Telephone: (808) 531-9761 II. AUTHO ED AGENT. Name: Robert Kutkowski Address: P. O. Box 594 Telephone: 808 639-8415 III. PROPERTY. Lot 2-A-Z KalihiWM and Kalihikai, Hanalei, Kauai, Hawaii Kauai Tax Map Key No. (4) 5-3-00&025 IV. AUTHORIZATION. The Authorized Agent is occupying a portion of the Property containing approximately 20,2I9 square feet ("Project Area"}. There is an existing single family dwelling unit ("Main House") located within the Project Area which the Authorized Agent intends to repair and reconstruct. The Owner hereby authorizes the Authorized Agent to act on the Owner's behalf and to file with the Department of Public Works, the Planning Department, and the Planning Commission of the County of Kauai, and with the Department of Health of the State of Hawaii, on the Owner's behalf, the following permits ("Permits") in order to reconstruct and repair the Main House: (W:Fl)OCS26830f1JW0143928.nOCX J Bernard P. Carvalho;•Jr. Mayor Wallace:G. fwzentes, Jr: Matta&gDireefur Bob Rutkowski ISO AOX594 Xilauea Of 96754 AVArAAXIVMM VV rVWUAkk W(IRI%-S County of Kaua% Mate of Aawa `i 4444 Rice Sfrbet,:gahe 275, Dihu`ey Hawaii 96766 TEL (aus} xa -4992 FAX (arts)44t 6604. ;septeinUei 8; 201b Subject: SIIOItELINE Sl1TEACI� API'LICATTON SUBSTA UAL IMYROVEMENT DETERN"ATION BOA KU"IKOWSKL RE -ROOF AM "NOVAIION TWCF (4) 5-3-00b:025 Tayle Tabata Acting Ceuniyy ftgtneer 'lie i�.auai. Cruiity Shoreline Setbarlc arid' Coastal Protection tJrdinancc (flrdinan�e No. 97�) Section 8-272 defines substantial improvement as uany cuiiiralative series ofrapdirs; reoonstru 01, improwrnents, or additions to a structure aver a ten,(10) year period, where the cumulative coal equals or exceeds fifty percent (50%) of the market value of the structure before the start of eonstruetion of the first inaprovetrietit dozing that ten (10) year period. For the purposes of this, def aition, substantial mprovement is considered to occur when`the first alteration of any waI4 ceiling; floor, or other structural part of the building copi taences, whether or not that alteration affects the external dimensions of the siuoture." TlteDeparttnent ofPitlilie tTVarks (DPW) T3ngineer�igDivisiott has teviewedthe,pmposed renorvauons and roofrepm of ine exisurigstructure; IN W has detwarned that the propOsed improvenxents does not constitute a substantial improvement. A summary of the calculations follow45. IUttrke Vntge The market value used iri the calculations is flnrri the appraisal completed by Thomas Michael. Ilegarty, 'I`kte matlZet value of the real property is estiinatecT, to he $�03,6�5, as of April 1 £, �0k6 which is the crate. ofinspecdon and the effective date of'the appraisal.: The appraisal was prepared by a professional appraiser licensed in the State of llawai` (ORA 0000386) and the market valise was based on the "'Total Cost of Improvements Minus I�epxeciaton.'s An �qualOp,�ot^t2tnrtyEm�layer l�tirttcotvslci Septmibef 8, 2016 Los# of Immprovemertts The total cost of improvements for the renovations and re-tw-Tvig to the existing structure is taken to be the cast estimate of $13,324,90 which includes the cost estimate prepared byRR, Construotion LTD.,plus a 10°!a increase to include other labor and.?nateriaLsthat were specifically listed as not included in the total cost estimate: The.total Cost llsti2nae is:susrzmaricl as follov;�s. R.R,. ConstructionL`I7� $1i6,6S9;00 lcT%increase t llybfs ,9D Total Cost Estimate $128,324.90 �'thie�eixr�i The cost of improvements compared to the market value is . host of Improvements past 1(1 yeaxsj: $328,32 T G?,23 ov2:3% Marlwt Value(Appraisal), $343;625 �knCe, the total cost does �mt exceed 5Q°/u of the market value, the impzovemeziti is not. ceznsidared to be. substantial: Based on our records there were no other permits'for the structure wfltin the past -ten yeats S4owever, 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. Ifyou have and clpcstiions ox need addx#Qnal infsrz�natort, contaci Stanford iwaxxzato at (8i38} 2414896 or siwamoto kauq oy;. Siricerely, SI/BV copy: Design aazd t'earnritting Planning. iirMuGwt��vt-47� gmven xw+d,�w� jWIDOCS126830/IJW0143447DOCX } 6u•W,. PLANNING DEPARTMENT SHORIJ,NE, SETBACf<AAPPLICATION FOR orinciAL in ONLl . SSD 201- - Acceptance D te: IID Website Posting Date: Determination Date: f4d IV, Plmining Commission Date: Expiration Date: Planner Assi ed: a Instructions; File all information requested under Part A for prooessitrg 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: Address: Lessee of the Property Lessee must have an unexpired and recorded date of filing ofthis application. If not, Owner Authorized Agent Attach Letter of Authorization Transmittal Date: 9"7l1 1 of five (5) years or more from NO PERMITS WILL BE ISSUED WITHOUT PLANNING COMD/fISSION 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: Pro erties Not Abutting the Shoreling 7� p ,p�� R Project's approximate distance from shoreline: A' % 4.4. U+11/dtld. - WIN Additional Information: Closest distance of improvement(s) from Shoreline is approximately�V ft, Number of parcels and type of improvements (roads, buildings, structures) between Shoreline and this parcel: 2/26/IS 01 on t '' 1 SSD 201 Topography (undulating, flat, slope, etc.) and grroand elevation of subject parcel (Lowest and Highest elevations) Shoreline type (e.g. beach, dune, rocky, sandy with rocky outcropping, etc,) y------ ❑ 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): If the proposed structure or subdivision is within the shoreline setback area then, please be aware Yhat if the determination of a structure is approved, the Applicant shall agree in writing that the Applioant, its successors, and permitted assigns shall defend, indemnify, and hold the County of Kaua` i 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 Che Director and the County Engineer no later than forty -Eve (45) days after the date of the final shoreline determination and apptoval 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 Determin ron nece sa Requirements of Ordivauce No. 979 apply, submit full application. znsns PLANNING DEPARTMENT SHORELINE SETBACK APPLICATION If Part A has been deemed that a Determh2ation will be necessary, the additional information will be requited for submission of tWs 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 sh•uetw•e 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 Direota• 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 besixty(b0)-feet-from -the -certified -shoreline which -has -been -established ---- --- -- -- -- - -- - not more than twelve-(12)-inontns section. Exemption 2 In cases where the applicant can demonstrate to the satisfaction of the Planning Director that fire 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. 61 Exemption 3 Those structures and uses found exempt in Table 3 (§8-273) (see pg, 5-6) ❑ Letter from the Department of Public Works stating that the proposed protect does not constitute "Substantial hnprovement," pursuant to§8-27.2 " rxem- tro"e%eatminatiop-(to,tieconi'plefeilFby%P.,lamriirg•DePattmen)-:� - Pursuanv§8m 7.3 the Kauai County Code, 1987 as amended, the Planning Department hereby certifies the propose struc re(s) ors divisions) as exempt from those shoreline setback determination required established under§27.8_ i i ��31 a r 1. r �sf s {s f 1Z Existing conforming and nonconforming structures/activities (2) Structure or activity that received a shoreline variance or administrative approval prior to February 26, 2008. area on June 16. 1989. original condition or better, and the Director may require a bond to ensure such restoration. _...may be repaired, but shall not be enlarged within the shoreline setback area wi llout a variance. (6) Repairs to a lawfully existing structure including nonconforming structures, provided that: (A) The repairs do not enlarge, add to or expand the structure; increase the size or degree of non -conformity; or intensify the use of the structure or its impact on coastal processes; (7) Beach nourishment or dune restoration projects approved by all applicable governmental agencies. (8) A structure approved by the Director as a minor structure. (9) Qualified demolition of existing structures, measuring and/or monitoring geological meteorological and other events. (11) Scientific studies and surveys, including archaeological surveys. (12) Structures built bygovernmental agency to address an an emergency 29 FOR OFFICIAL USE ONLY: SSD 201'7 Acceptance Date: Website Posting Date: Determination Date: Q is Planning Commission Date: Expimtion Date: Planner Assigned: hnshuctions: File all inforrnatiou requested tinder Part A for processhig the Determination of Applicability (§ 8-27.1), including signature page. Fill out Parts A and. B if you ]mow, due to proxinnity 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. A111icautInformafion ApApplicant:p p� i fir' dt^' F6 vi da Le. C Mailing Address: - 1,`'at'd�Phone:� •- il.` 0 P �C(tAs�a 1i6,r�a`� Email: Applicaut's S atus: Check one) caner of the Property ❑ Lessee of the Property Authorized Agent (Holder o- a 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. I Attach Letter of Authorization Transmittal Date: PrOj CCt Information (attach additional sheets, if necessary) Cotmty Zoning District: �j�Y� � �cs.{ _Tax Map Kay(s): Land Area: Nature of Development: y (Description of proposed C �a'nc e qo� Q S Pl 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. ❑ Properties Abutting the Shoreline ❑ Project's approximate distance from shoreline: Properties Not Abutting the Shoreline R5 Project's approximate distance from shoreline - Additional Infornration: ❑ Closest distance of improvement(s) from Shoreline is approximately 420 it. Number of parcels and type of improvements (roads, buildings, structures) between Shoreline mad this parcel: 1--------'------ -------- -.-._..._--------'--------- ............ -----------"------------'...... -'---'---'— --- —----- --'-------'--'---'-----'-'-----'. 1- 3�osns fLANNLNQ"EPARTNMNT •'w, 611rft kiwlsw ► FOR OFFICIAL USE ONLY: SSD 201 Acceptance Date: Website Posting Date: Determination Date: Planning Commission Date: Expiration Date: Plainer Assigned: ® Topography (undulating, flat, slope, etc.) and gronzd elevation of subject parcel (Lowest azid Highest elevations) �' Shorelhne type (e.g. beach, dune, rocky, sandy with rocky outcropping, etc.) �f Artificially annored Shoreline ❑ Date of authorization (attach copy o£ authorization let Is property in coastal floodplam (if checked, what zone)? ® Has this property been subject to coastal hazards in the pt If the proposed structure or subdivision is within the shoreline setback area then, please be aware that if the determination of a sfructure is approved, the Applicant shall agree in writing drat the Applicant, its successors, and permitted assigns shall defend, indemnify, and hold the County of I{aua`i harmless from and against any and all loss, liability, claim or demand arising out of damages to saidstructures from any coastal natural hazards and coastal erosion, pursuant to § 8 -27.7(b)(2). The requirements of the Subsection (b) shall nm with the land andshall be set forth in a unilateral agreement recorded by the applicant with the Bureau of Conveyances or the Land Come, whichever is applicable, no later than thirty (30) days after the date of final shoreline approval of flee struchue 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). Applicants Signature - L - s/os/ss PLANNING D i; $ iu 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-refrndable 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 stmeture 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 (FMM) `V' or WE' Rood 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 not more than twelve (12) months from the date of the applicatimi for the exception tinder tlris section. Exemption 2 In cases where the applicant can demonstrate to the satisfaction of the Planning Director that the applicant's proposed stricture 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 proj cat does not constitute "Substantial Improvement," pursuant to §8-27.2 Exemption Determination (to be completed by Planning Department) Pursu 4k §8-2Y Kaua`i County Code, 1987 as amended, the Planning Department hereby certifies the pro sed s tctu e(s) or subdivision(s) as exempt from those shoreline setback detenttination requirements -3- 3iosi companygoals a Hawan limited liability Address: 1100 Alakea Street, Suite 2500 Honolulu, Hawaii 96813 Telephone: (808) 531-9761 II. AUTHORIZED AGENT. Name: Kevin K Pat1c and Wendy S. L. Palk, husband and wife Address: 3727F Anini Road Kilauea, Kauai, Hawaii 96754 Telephone: (808) 652-8182 III. PROPERTY. Lot 2-A-2 Kalihiwai and Kalihikai, Hanalei, Kauai, Hawaii Kauai Tax Map Key No. (4) 5-3-006:025 IV. AUTHORIZATION. The Authorized Agent is the owner of L. C. Aw. 11248:2/R. P. 7155, Kalihikai, Kauai, Hawaii, identified by Kauai Tax Map Key No. (4) 5-3-005;009 ("Agent's Property"). The Authorized Agent wishes to construct driveway improvements ("Driveway") on Easement A-2, which is located on the Property, runs in favor of the Agent's Properly, and connects the Agent's Property to Anini Road, as shown on Exhibit "A". The Owner hereby authorizes the Authorized Agent to act on the Owner's behalf and to fife with the Department of Public Works, the Planning Department, and the Planning Commission of the County of Kauai, on the Owner's behalf, the following permits ('Permits") in order to construct the Driveway: 1. Special Management Area Permit. 2. Zoning Permit. 3. Grading Permit. twmocs267ssnnrroias�es.nocx } V. LIMITATION. This Authorization is subject to the following limitations: 1. The Authorized Agent is only authorized to apply for the Permits described herein. 2. No Er1aT Permits may be issued, or i£issued shall not be valid or effective, uniess and until the Owner gives its written approval to any conditions of any such Permits that touch, encumber or affect the Property. 3. The Authorized Agent shall provide the Owner with copies of all Permit applications and approvals. VI. ACCEPTANCE. The Authorized Agent agrees to be bound by all o£ the terms and conditions of this Authorization. PRW PRINCEVILLE DEVELOPMENT COMPANY, LLC, a Hawaii limited liability company By: Commercial Property Advisors, Inc. Its Manager By KJYNDALL KIM Its Vice President DATED: OCT 1 3 2016 {W:tDOCS/2G735R/W0145781.DOCX} „:,_ KEVIN K. PAIIK DATED:�1 J i WENDS. L. PAjk DATED: 0 P3 .l ' \ u Ac narwr a a yf LG Am. Wawa I %� f I POdal' A n�\4 RaAa Lm Aa vaLwi Lo A< rueac La U.tWmA /NN aR Lm an amwa ua nma �Up � KA%loam:`f, L6 Av, Navel DESIGNATION OF EASEASE14T A-2 OEM PORTION OF LOT 2-A-2 ALSO BEING PORTIONS OF LC, AWARDS 11215:3, 11245:1, 11245:2; 11244:1, AND 1124912 KAUHIM KAUAI, HAI M 111% (41 5-3- S: 25 01mer. Prin"Alo Pr*a Coll Coos®, LLC Do* MwO) 20, 2015