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HomeMy WebLinkAboutShoreline_setbackapps_6-22-16PLANNING DEPARTMENT HORELINE ; Acceptance Date: _ Planner Assiwed- Instructions: File all information requested trader Part A for processing the Determination of Applicability b— (§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. Mailing Address; 7� O 5e"`�" Phone: _.7 Email: m.�'al—„ n, O�nmer of the Property (Holder of at least 75 % of the e uitable and le 1 title) Lessee of the Property - Lessee must have an unexpired and recorded lease of five (5) years or more from Authorized Agent date of filing of this application. If not, Owner(s) must rovide a Letter of Authoxi< Attach Letter of Authorizatiou mittal Date: PrOJ2Ct TIIfOrIDahOII (attach additional sheets, if necessary) County Zoning District: (d Z, ua c t Tax Map Key(s): 5 Jr P3P 6--3 Land Area: 7? F 4i Nature of Development: (Description of proposed V a r structure or subdivision) ,Jiivusu vru�l.nr:lJ6uL+'D WITHOUT PLANNING COMMISSIONACCEPTANCE, EXCEPT AS PROVIDED IN §8-27.3(c}(8) Part A Shoreline Setback Determination of Applicability (§8-27.1) Check all that apply, fill in applicable information. Any box checked must he accompanied by additional information, photos and/or documentation. ❑ Properties Abutting the Shoreline ❑ Project's approximate distance from shoreline: 0' Properties Not Abutting the'Shoreline 0" Project's approximate distance from shoreline: 5 iU Additional Information: [ Closest distance of improvement(s) front Shoreline is approximately �.'�'� ft 0". Number of parcels and type of improvements (roads, buildings, structures) between Shoreline and this uarcel: -1- raza ft\ PLANNING E \MI''D s' FOR OFFICIAL USE ONLY: SSD 201 Acceptance Date, Website Posting Date: Determination Date: Planaing Commission Date: Expiration Date: Plamier Assigned: u Topography (undulating flat, slope, etc.) and ground elevation of subject parcel (Lowest and Highest elevations) [� Shorelhe type (eg. beach, dune, rocky, sandy with rocky outcropping, etc.) ❑ Artificially azrnored 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 floodphun (if checked, what zone)? ❑ Has this property been subject to coastal hazards in the past? (If checked,_ If the proposed structure or subdivision is within the shoreline setback uea then, please be aware that if the determination of a stricture is approved, the Applicant shall agree in writing that the Applicant,, its successors, and permitted assigns shall defend, indenmify, and hold the County ofKaua`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, 110 later than thirty (30) days after the date of final shoreline approval of the structure under §8-27.8. A copy of the recorded unilateral agreement shall be filed with the Director and the County Engineer no later than forty-five (45) days after the date of the final shoreline determination and approval of the stricture and the filing of such with the Director shall be a prerequisite to the issuance of any related building permit §8-27.7(b)(6). Applicant's Signature Signature Date &cability (to be com rleted by Planning De artment) Setback Dete' in 'on necAary. Requirements of Ordinance No. 979 are applicable. Date m7LANNING DEPARTMENT HORELINE SETBACK DETERMINATION If Part A has Ueen deemed that a Determ nation will be necessary, the additional uifonnation 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 detennination. ❑ 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 Sew Q {4s �� �-t O-� In cases where the applicant can demonstrate to the satisfaction of the Planting 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. 00 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 com rleted by Plannina Department) Pur t o §8-27.3 the Kauai County Code, 1987 as amended, the Planning Department hereby certifies the pro ose structure(s) or subdivision(s) as exempt from those shoreline setback deternunationrequirements e ablis edunder R8-27.8. Date 3- 3ros�u BITTNER CONSTRUCTION LL,C GENERAL CONTRACTING LIC. # ABC 24834 EDWARD BITTNER PHONE. (808) 8224053 P.O. Box 456, Anahola, HI 96703 ED@BITTN ERCONSTRUCTION.COM Comity of Kauai Planning Department Planning Director Re: Shoreline Setback Determination CELLULAR: 651-301 2 FAX: 822-9631 My client, Peter Courture, has recently purchased a property at 5108 Opelu St. in Hanalei, and would like to install an elevator. He is disabled, and needs the elevator to access the second story of his building. I was told that because the project is within 550 feet of the shoreline, a shoreline setback application must be approved. I believe that this project is eligible for an exemption determination under Exemption 2 for the following reasons: 1. The elevator has a small footprint of 43 sf 2. The proposed elevator location is approximately 530' from the shoreline 3. There is the Hanalei Pavilion Park, Weke Road, and another large residence between the subject property and the shoreline. 4. Because of the intervening distance, structures and roadway, the proposed elevator will not have any affect on any beach processes. 5. There is already parking and access to the beach at the Pavilion Park that will not be hampered by this elevator. 6. Because of the distance, topographies, and intervening structures, the elevator cannot contribute to coastal erosion or hazards 7. The proposed elevator structure cannot be seen from the beach or any roadway as it is in the back yard of the house and blocked by other houses. Ile +10 Please consider this Shoreline Setbac and let me lmow if you require any further information. Regards, Ed Bittner Authorized agent for Peter Courture meters, 2 9 +J i DEPARTMENT 01: PLANNING STANDARD ZONING PERMIT APPLICATION p lJ yfLlfjy,�b''�'� Ir One (I) original, it provltlng plans Ive(5)sets, Including original, d inal require �2axn" 55">'.v�r��) Fees very based on permits required and range from $30 to over $1000 I Proof of ]G"h lee o,vnorship rights or nolhorized soon[ must be attached. Check One:Lj PiperPions Electronic Plans This application shall be tilled out by ill seeking Zoning, Use, Variance, SMA Use or PDU permits pursuant to the Kann i County Code, I-Iawiii Revised Statutes Chapter 205A and pill relevant rules and regulations of the Planning Commission ind Depmturcnt. Supplemental information (nay he attached to form. SMA applications may also requite additional SMA assessment forms. T141S FORM MUST BE ON GOLDENROD COLORED PAPER. l •sc MA fly dclitional Fees: C ApRlicaut 13eclarations (lncor7•ect responses mw slow vein' net•mit �•evictc}' Pleise puce m1 "X" under Yes or No under the following: 1 I'es Is this property located ill the Spccial Management Area (SMA)? tse� No Stiff Verification 2 Is this Property part of a Condominium Property Regime (CPR)? s-- 3 Is this property withhi 550 feet of the shoreline? 4 Is this properly within the Agriculture or Open Zoning Districts? V 5 is there a structure on the property that is 50 years old or older? 6 Do you have an Additional Dwelling Unit Certificate? 7 Is this a permit for an after -the -fact construction or'actiyity? G 8 1 hold at (cast n 75 % properly interest in file property. Y 9 Are you an agent for the property owner? p/ 10 Has a similar application been previously cleaned? �— 11 Is this all application lot- nn apiculhu-e structure tinder 200 sq. I'll 12 Are there any larown bm-iuls on the site? �— 13 Arc you using tvnicr not provided by n domestic water system? 14 Doc, existing grade under foe fill charge by T or more in anv direction? Whatis tile proposed consll'uclion and/or inicndedusc of the s[ruohn'c or pm-ce] (wayattich iddilional info)'? Peter Courture Trust PO Box 3692 Los Altos CA 94024 20 March 2016 Re; 5108 Opelu, Hanalei TMK #4-5-5-010-063 Dear Federal, State, County, and City Ed Butner and Bithier Construction are authorized to file for and pull all necessary permits and take all actions reasonably necessary in that regard with respect to 5 t08 Opelu, Hanalei, TMK #4-5-5-010-063. Best regards Pl O I Peter Courture, Trustee th- insiru n;eni ....�_r .cu in the Bureau ci Conveyances of the Stata or Huwcii cn Vlae-c.V) '14 t 2DI t,p(_j'[� at 8:01 A.M. as Document 140. OLD PLEOUIP.L1,cTiRFAP1D E By Return by mail( )pick-up() � * * �`25�46D0� 1 q5 - (Z.K TVlc Pcvev-J. C.DiArAure `It�tbt * RAJ N6ed r, MT. * � Pav,eS Tax Map Key No.: 4/ 5-5-010-063 THIS WARRANTY March 21 , 2DIla WARRANTY DEED (subject to "As Is" condition) DEED (subject to "As Is" condition) is dated DAVID CUNNING, Trustee under the Revocable Living Trust dated February 11, 2003, made by DAVID CUNNING as Settlor, and MARY CUNNING, Trustee under the Revocable Trust dated February 11, 2003, made by MARY CUNNING as Settlor, with said Trustees having full powers to sell, convey, mortgage, lease, etc., of Hanalei, Hawaii, hereinafter called the "Grantor", in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration to the Grantor paid by PETER J. COURTURE, Trustee of THE PETER J. COURTURE TRUST dated September 19, 1995, as amended, with full powers to sell, convey, mortgage, lease, etc., whose address is P O Sox 140 Alder, Montana, 59710, hereinafter called the "Grantee", the receipt of which is acknowledged, grants and conveys unto the Grantee, as tenant in severalty, the property described in the attached Exhibit "A", hereinafter called the "property". AND the reversions, remainders, rents, issues and profits and all of the estate, right, title and interest of the Grantor, both at law and in equity, in and to the property. 1 Bernard F, Carvalho, Jr. Mayor Nadine Nakamura Mmiaging4iroctar DEPARTMENT OF PUBLIC WORKSgin County of Kana% State of Hawaii 4144 Rice Street, Suite 275, Lihu'e, Hawaii 90766 TEL (8U8) 24IA992 FAX (808) 241-6604 May 23, 2016 Butner Construction, I,I,C, PO BOX 456 Anahola; HT. 96703 Lyle Tabata Acting County Engineer Subject: SIIOKPLINIw, 31a'FBACK APPLICATION SUBSTANTIAL IMPROVEMENT DBTERMiNATIQN ELEVATOR ADDITION, 5108 OPELU ST, HANALEI, HI 96714, TMK: (4) 5-5-010;063 OWNER: PETER COUPTURE Dear tv[r, Butner, The Kauai County Skoreline Setback and Coastal Protection pxdinancc (Ordinance lYe. 979} Section 8-2T2 defines substantial improvement as "any cumulative series of repairs, reconstructiot-4 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 defin tram, 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 Llapaatrnent of Public Works (DPW) Engineering Division has reviewed the project that proposes the canstruoiion of a lrew elevator• on an existing structure and de#ermtned that the proposed improvement does not constitute a substantial improvement. The values used in the determination are explained below. Market Value There was aae building permit approved for the structure within the past 10 years. The perrtrit was approved in 2015, Therefore, the market value used in the calculations is the Replacement Cost New Less Depreciation (RCNLD) value in 2015 available from the; County's Real Property Assessment Division, The 2015 P\CNLD on file with the County's Real Property Assessment Division for the structure was determined to be $347,8M 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 Hawai` i and the market value shall be based on the "Cost Approach" (or, Replacetnerrt Cost New Less Depreciation), An Squat ppportuniry Empdo}per 8ittnerC'nnatruction, i,t,C. Devam Addition, 5108 Opelu St. Nifty 23; 2016 Page 2 Cost of Improvements The total cost of improvements for the construction of a new elevator is taken to be the cost estimate of $104,750 that was provided in the proposal by Butner Construction, LLC dated April 28, 2016. The value of Building Permit 02-0754, approved in 2015, was $39,600. The total value of improvements is summarized as follows for the past 10 years: Value of Previous Permits $39,600 Value of Proposed Improvements * 104 750 Total Value of Improvements $144:350 Summary The cost of improvements compared to the market value is: Cost of lmpravements (past 10 years)^ �194, 35Q _ Market Value (Real Property): $347,810 1 0,3288 ar 33% Since the total east does mat exceed 50% of the market value, the improvement is not considered to be substantial, Lased on our records there were no other pernvts for the structure within the past ten years. Howover, if any unpernutted 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 ar need addttianal information, eantaot Stanford Iwamoto at (8b8j 241-489& or slwamot%.Wil auai.gav, Sincerely G� MICHAEL MOULF, PR Chief Engineering Division BVISJIMM Attachments Copy: Design and Permitting Planning PLANNING DEPARTMENT SHORELINE SETBACK APPLICATION FOR OFFICIAL USE ONLY: SSD 201 Acceptance Date: .,- 11 -i L� Website Posting Date: - ]r Determination Date: — Pi b - Planning Commission Date:Expiration Date: 1 Plarmer Assigned: Inst actions: File all informat on requested under Part A for processing the Deter nation 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 stricture or subdivision within the shoreline setback area fill in Part C. For applications involving a variance, complete Part D. A i llicant Information Applicant: Mailing Address: Applicant's Status: (Check one) to Phone: Email: , K 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 date of filing of this application. and recorded lease of five (5) years or more from the If not, Owner(s) must provide a Letter of Authorization. Attach Letter of Authorization Transmittal Date: Information County Zoning District Nature of Development: (Description of proposed Laud Area: NO PERMITS WILL BE ISSUED WITHOUT PLANNING COMMISSION ACCEPTANCE, EXCEPT AS PROVIDED IN §&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 trust be accompanied by additional information, photos and/or documentation. ❑ Properties Abutting the Shoreline ❑ Project's approximate distance from shoreline: - Properties Not Abutting the Shoreline Q 1 ❑ Projeet's approximate distance from shoreline: ❑ Additional Information: ❑ Closest distance of improvement(s) from Shoreline is approximately ft. ❑ Number of parcels and type of improvements (roads, buildings, structures) between Shoreline and this parcel: Q� 1- s/os/is PLANNING DEPARTMENT SHORELINE SETBACK APPLICATION FOR OFFICIAL USE ONLY: SSD 201 Acceptance Date: Website Posting Date: Detemunation Date: Planning Commission Date: Expiration Date: Planner Assigned: ❑ Topography (undulating, flat, slope, etc.) and ground elevation of subject parcel (Lowest and Highest elevations) ❑ Shoi�lhie type (e.g. beach, duce, rocky, sandy with rocky outcropping, etc.) .� Artificially armored Shoreline ❑ If checked, what type of annoring (e.g. seawall, revetment, bulkhead): C&Is the armoring pemnitted/authorized? ❑ Date of authorization (attach copy of authorization letter): r ]K Is property in coastal floodplain (if checked, what zone)? (6 1 wE Has this property been subject to coastal hazards in the past? (IF checked, please describe) If the proposed. structure or subdivision is within the shoreline setback area then, please be aware that if the determination of a structure is approved, the Applicant shall agree in writing that the Applicant, its successors, and pemnit[ed assia ns 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 sex 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 strucuue 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 he Date ,� Setback Deterprination n�essary. Requirements of Ordinance No. 979 are applicable. nee Date 2- 3iosiu PLANNING DEPARTMENT SHORELINE SETBACK DETERMINATION If Part A has been deemed that a Determination will be necessary, Che additional information will be required for subnvssion 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 fom- 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 demonsh'ate to the satisfaction of the Planning Director that the applicant's proposed structure or subdivision will not affect beach processes, impactpublic 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 constihtte "Substantial Improvement," pursuant to §8-272 Determination (to be to §8-27.3 the I{ana`i County Code, 1987 as amended, the Planning DeparttnenC hereby certifies t stmeture(s),or vision(s) as exempt fi-om those shoreline setback determination regtnrements 3- 3iosns f �. E i �� �� PLANNING DEPARTMENT SHORELINE SETBACK APPLICATION FOR OFFICIAL USE ONLY: SSD 201- Acceptance Date: Website Posting Date: Determination Date: Planning Commission Date: Ex iradon Date: - Planner Assigned: g', 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. Protect A" licant Information'.: Applicant: KAMAL SALIBI Mailing Address: A licant's Status: P.O. Box 1722 LIHl1E, HI 96766 (Check one) Phone: 808-639-0770 OR DEBBIE 808-346-7833 Email: kama[Ctmabluekauai.com & permitservice@gmail. cam ✓ Owner of the ❑ Lessee of the ❑ Authorized Agent Property Property (Holder of at least 75% of the equitable and legal title) Lessee must have an unexpired and recorded lease of five (5) years or more from the date of filing of this application. If not, Owner(s) must provide a Letter of Authorization. Attach Letter of Authorization Transmittal Date: 5-19-2016 County Zoning District: OPEN Information (attach additional sheets, if necessary) "1'ax Map Key(s): (a) 3-2-003: oos Land Area: 1.sz ncREs Nature of Development: ADDING CEDAR FENCE, ADDING DRIVEWAY AND WALKWAYS, structure subdivision) AND UPGRADING (2) CESS POOLS TO (2) SEPTICS. structure or subdivision) NO PERMITS WILL BE ISSUED WITHOUT PLANNING COMMISSION ACCEPTANCE, EXCEPT As PRovmED IN §s-z7s(e)(s> 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, h tos and/or documentation. Properties Abutting the Shoreline ❑ Project's approximate distance from shoreline: ❑✓ P_roperties Not Abutting the Shoreline �✓ Project's approximate distance from shoreline: `s°t°�50 SEE A A e EI MA ❑✓ Additional Information: %/I Closest distance of improvement(s) from Shoreline is approximately 500 ft. IT Number of parcels and type of improvements (roads, buildings, structures) between Shoreline and this parcel: �1 ROAD (NIUMALU) AND COUNTY PARK PAVILLION, I 1- s/os/ss PLANNING DEPARTMENT SHORELINE SETBACK APPLICATION FOR OFFICIAL USE ONLY: SSD 201 Acceptance Date: Website Posting Date: Determination Date: Planning Commission Date: Expiration Date: Planner Assigned: Q Topography (undulating, flat, slope, etc.) and ground elevation of subject parcel (Lowest and Highest elevations) FLAT AND GRASSY... �✓ Shoreline type (e.g. beach, dune, rocky, sandy with rocky outcropping, etc.) VEGETATION AND ROCKY SHORELINE 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)? 71 Has this property been subject to coastal hazards in the past? (If checked, if the proposed structure or subdivision is within the shoreline setback area then, please be aware that if the determination of a structure is approved, the Applicant shall agree in writing that the Applicant, its successors, and permitted assigns shall defend, indemnify, and hold the County of I{aua`i harmless from and against any and all loss, liability, claim of 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 nm 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 Sigriatme Date Setback D�rminafion^�necessary. Requiretnents of Ordinance No. 979 are applicable. Date -2- a/os/ss PLANNING DEPARTMENT SHORELINE SETBACK DETERMINATION If Part A has been deemed that a Determination will be necessary, the additional information will be required for submission of this application. Part B Exemption Determination ✓❑ A non-refundable processing fee of one hundred dollars ($100.00) shall accompany a request for determination. (§8-27.8(e)) ❑ Exemption 1 In cases where the proposed structure or subdivision satisfies the following four criteria: (A) In cases where the proposed structure or subdivision is located outside of the Federal Emergency Management Agency (FEMA) Flood Insurance Rate Map (FIRM) `V' or WE' flood zones; (B) The proposed structure or subdivision is located at an elevation which is thirty (30) feet above sea level or greater; (C) The applicant can demonstrate to the satisfaction of the Planning Director that the property is clearly adjacent to a rocky shoreline and that it will not affect or be affected by coastal erosion or hazards; and (D) The shoreline setback shall be sixty (60) feet from the certified shoreline which has been established not more than twelve (12) months from the date of the application for the exception under this section. `7 Exempfion 2 In cases where the applicant can demonstrate to the satisfacCon 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 conttiCute "Substantial Improvement," pursuant to §8-27.2 ,LIN Exemption Determination (to be completed bvPlannina Department) `.. §8-27.3 the Kauai County Code, 1987 as amended, the Planning Department hereby certifies t mchnes) of subdivision(s) as exempt from those shoreline setback determination requirements under 8--27.8. -3- s/os/is PLANNING DEPARTMENT SHORELINE SETBACK INFORMATION Table 3. This table is presented for Exemption 3 (§8-27.7). Permitted Rructures within the shoreline setback area (a) The following structures are permitted in the shoreline setback area. All structures and/or landscaping not specifically permitted in the section are prohibited without a variance. (1) Existing conforming and nonconforming structures/activities (2) Structure or activity that received a shoreline variance or administrative approval prior to February 26, 2008. (3) A structure or activity that is necessary for, or ancillary to, continuation of agriculture or aquaculture existing on the shoreline setback area on June 16, 1989, (4) "Temporary structures" as defined in Section 8-27.2. To ensure that there will be no irreversible or long-term adverse effects, the Director shall require as a condition of a permit the restoration of the site to its original condition or better, and the Director may require a bond to ensure such restoration. (5) A structure that consists of maintenance, repair, reconstruction, and minor additions or alterations of legal boating, maritime, or water sports recreational facilities, which are publicly owned, and which result in no interference with natural beach processes; provided that permitted structures may be repaired, but shall not be enlarged within the shoreline setback area without 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; (B) The repairs do not constitute a substantial improvement of the structure; and _ (C) The repairs are permitted by the Comprehensive Zoning Ordinance, Development Plans, building code, floodplain management regulations, special management area requirements under FIRS Chapter 205A and any other applicable rule or law. (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. (10) Unmanned civil defense facilities installed for the primary purposes of: (i) warning the public of emergencies and disasters; or (H) measuring and/or monitoring geological, meteorological and other events. (11) Scientific studies and surveys, including archaeological surveys. (12) Structures built by a governmental agency to address an emergency as declared by the Governor of the State of Hawaii, the Mayor of the County of Kauai or any other public official authorized by the law to declare an emergency. (13) Structures relating to film productions that have received a County Revocable Film Permit. Structures undertaken for film productions must be removed within thirty (30) days following the completion of the film production. (14) Structures required for remedial and removal actions undertaken pursuant to Chapter 128D of the Hawaii Revised Statutes. -7- 3/as/rs �.CI I,I I i:-�.,_ '. Recent Sales in Nelahborhood ''�.. previous Parcel '. Next Parcel � Return to Maln Search Paae I Kaual Home '. Recent Sales_In Area '. Owner and Parcel Information Owner Name SAL18I,6 KAh1AL REV TRUST Today's Date May 23, 2016 ' '', C/O SALI8I,SLEIM1tAN K TfEE ',Mailing Address P O BOX 1722 Parcel Number 320030090000 ' ! LIHUE, HI 96766 ____.— ' 'i Location Address 2461 NIUMALU RD Project Name I TaxClassiRcation _— i RESIDENTIAL Parcel Map ,.SYIOyy,Parca)A9ap_I Neighborhood Code 'I 3267-1 ,Land Area (acres) 1.82 �.. Legal Information PAR 9 h1AP 1 1.62 AC DES Land Area (approximate sq fij 179,279 Assessment Information Show Historcal Assessments Year ''. Tax '�� Total Market Total Assessed '. Total Exemption Total I Net Taxable �, Classification � Value Value � Value 2016 RESIDENTIAL � $ 726,600 '.. $ 726,600. '... $ 726,600. Improvement Information Year Built '� Effective Year Built Living Area Bedrooms/Full Bath/Half Bath Sketch 1967 I'i _. 1986 ''�, 1,248 0!0/3 _Sketch Building 1 � ' Year Built ! E_ective year6wit Living Area Bedrooms/Full Bath/Half Bath Sketch 1993 1993 1,008 � 3/1/1 I 1 g$kEi'1gIt �U7dIRg �:1 .. Other _. __ Buliding and Yard Improvements _. _... Description ', Quantity i Year Built '', Area '� WOOD DECK RAILING '', I 1993 83 Permit Information Date Permit Number Reason Permi[Amount 03/11/1994 I, 9310006797 ADDEND '�, _.. $ 6,400 �', 12/27/1993 � 9310006796 DEMOLTITON '', $ 4,032 '.. 12/17/I992 '., 9210000666 '.. REPAIR �'', $ 30,480 04/04/1976 I 7992 ', PATIO � $ 3,000 30/29/1969 0000000 ADDTTIDN $ 1,000 07/24/1968 0000000000 ''. OFFICE $ 2,460 03/03/1968 I 2J84 APARTh1ENT BUILDING i $ 28,000 Sales Information Instrument Instrument �' Date I Document Cert Conveyance j Document Sale Date I Price �I Instrument # �. Book/Page., - � Type Description Recdrded � # # �, Tax Typa 10/28/2016 $ 0 67460488 FEE CONVEYANCE 11/03/2016 ' I, I 67850A670 I 09/18/2016 ;$ 699,000, FEE CONVEYANCE � 09/24/2016 � 1747.5 I Cunent Tax Bill Information 2016 Tax Payments Show Historical Taxes Original '. TaxeS � Tax Net � Amount Tax Period ! DescNption Due Date j Assessment � Credits i Tax �� Penalty Interest Other I Due No 7 x Information available on this parcel, i Recent Sales In Nelahborhood � previous Parcel Nezt Parcel � Return to Main Search Paae Kauai Home Recent Sales In Area � � ''.Tne Kaua( County Taz Assessots Olfice makes every effort to produce the most accurate Infannation possible. No warantles, expressed or implied, are provided for the data '',herein, Its use or interpre[aUon. yJebslte Updated: May 12, 2016 Hlald by the Kauai Couall Tux Assessor's ONm I \Ps6slte deign by aoublienet EXHIBITA httpl/gpuhlic9.gpublic.neUhi kauai dis�.ay.php?county=hi kaual&KEY=32W30090000 1/t FROM; BOLDT MASONRY CONST LLC GENREL CONT, LIS 29766 636-A KAMALU RD, KAPAA, HI, 96746 808-634-0150 E-MAILjamesboldtS6@yahoo.com DATE 11-8-15 T0; KAMAL SALIBI LIHUE LOT PRICE QUOTE FOR 175 FEET OF FENE AND TWO GATES 1.2" GALVINIZED POST 6' HIGH 8' ON CENTER SET IN CONCRETE 8" HOLES 2' DEEP 2. 2X4 RAILS SCREWED TO EACH POST 1' OF GROUND AND 1' FROM TOP 3. 1X6 CEADER FENCE BOARDS WITH DOG EAR AT TOP. SET AT 66" HIGH 4. TWO GATES SIDE ROLLING TYPE 16 FEET LONG. WITH WHEELS AT BOTTOM NO OPENER, NOT INCLUDED. 1'X1' BLOCK POST AT EACH END OF GATE WITH CEADER WOOD OVER BLOCK, TOTAL PRICE FORABOVE $8450.00 DOLLARS TO BE PAID AS FOLLOWED ALL WORK TO BE COMPLETED IN ONE WEEK 1. FIRST DRAW $6000 AT START OF WORK 2. SECOND DRAW $2450 AT COMPLETION OF WORK OWNER AGREES TO ABOVE TIRMS CONTRACTOR AGREES TO ABOVE TIRMS THANKYOU jamesboldt RME. EXHIBIT B FROM; BOLDT MASONRY CONST LLC GENREL CONT, LIS 29766 636-A KAMALU RD, KAPAA, HL 96746 808-634-0150 E-MAIL jamesboldt566bvahoo.com DATE 7-27-15 T0; KAMAL SALIBI LIHUE HI.96766 TMK 4-3-2-3-9 1.82 AC. INSTALL 2 EA ABOVE GROUND SEPTIC SYSTEMS WITH ENGNEER FEE OF $1000 ALLOWNCE FOR EACH $34,000 REMOVE DRIVE WAY CONCRETE AS NEEDED FOR SEPTIC AND USE TO FILL OLD CESSPOOL INCLUDED ON CHARAGE PLAND GRASS AND TEA LEFF ON TOP OF SEPTIC $850 GRADE AND INSTALL 1400 S.F. OF DRIVEWAY AND TURN AROUND TO BACK HOUSE $11,200 SUB TOTAL $46,050 GE TAX $1840 TOTAL REPAIR BID PRICE $47,890 GENERIAL LIABILITY INSURANCE INCUDED THANK YOU jamesboldt RME. EXHIBIT B %A �� \ "o ` ? FL000 HA]ARO ASSESSMENT TOOL LAYER LEGEND (Note: legend does not correspond witfi NFHLf CoWngnt@ 2D10gPublic.net 320030140000 I 320030080000 320030580000 320030060000 320030150000 32P030130000 320010240000 � / 320030200090 920030098000 } �G�T f 320030310000 320030070000 320010070000 320010060000 320020160000 320020030000 0202200 020210 320020340000 LakestRlvers from US Censt 0 220 440 660 830 ft Parcel: 320030090000 Acres: 1.82 N��•r_�naR�ri3mn���rrr����i �anr,atue. �� S7"#0 � �w`Wrrr#�Va3ue ,� C -- naP e aJaa;� It he Kauai County Assessor's Office makes every effort to produce the most accurate information possible. No warranties, expressed or implied, are provided for the data herein, its use or interpretation. The assessment information is from the last certified taxroll. All data is subject to change before the next certified taxroll. PLEASE NOTE THAT THE PROPERTY APPRAISER MAPS ARE FOR ASSESSMENT PURPOSES ONLY NEITHER KAUAI COUNTY NOR ITS EMPLOYEES ASSU RESPONSIBILITY FOR ERRORS OR OMISSIONS --THIS IS NOT Date Y-- Date printed: 05/13/16 : 21:4934 FOR OFFICIAL USE ONLY: SSD 201 t' „L- Acceptance Date: -- E Website Posting Date: Determination Date-: Planning Comnvssion Date: , Expiration Date: �9 j Planner Assigned: Instructions: File all information requested under Part A for processing the Determination of Applicahility (§ 8-27.1), including signature page. Fill out Parts A and B if you Icnow, due to proximity of the shoreline, that your parcel will require a Certified Shoreline Survey. If you are proposing apermitted structure or subdivision within the shoreline setback area fill in Part C. For applications involving a variance, complete Part D. A � llicaut Information Applicant: �/ a' l W'G ( i Mailing Address: (7 `i. Phone: ' 2) i Email: { Qa 4 d p A licaut's Status: (Check one) Owner of the Property (Holder of at least 75 % of the equitable and legal title) L1 Lssce of thvPoaperty , Lessee must have an unexpired-muLrecordedlease Of five (5)-years or more from the date of tiling of this application. If not, Owner(s) must provide a Letter of Authorization. Authorized Agent Attach Letter of Authorization Transmittal Date: y PTOJCCt Information (attach additional sheets, Cotmty ZC n ng Distr ct: t r Tax Map K Land Area: Nature of Development: I2.le rn 0Je�0 ©� F 4v511 (N h ay i� ° �rL (Descriptionofproposed �tSvltL 6-�-rit"�lv %v� vs �s� �'��"- flt�is.t=`eL structueorsubdivision) w; ri tkkovvaX bGt�tv,�tiraJ C� iavvtC S'S'^tJl NO PERMITS WILL BE ISSUED WITHOUT PLANNING COMMISSION ACCEPTANCE, EXCEPT As PROVIDED IN §8-27.8(r)(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 YYSyd Project's approximate distance from shoreline:"` ❑ Properties Not Abutting the Shoreline ❑ Project's approximate distance from shoreline: ❑ Additional Information: ❑ Closest distance of improvement(s) fi-om Shoreline is approximately ft. ❑ Number of parcels mud type of improvements (roads, buildings, structures) between Shoreline and this parcel: Id�crr,7cey1- h�i -1- 3ro�ns Uy FOR OFFICIAL USE ONLY: SSD 201 Acce tance Date: Website Posting Date: Determination Date: Plazming Commission Date: Expiration Date: Planner Assigned: Topography (undulating, flat, slope, etc.) and ground elevation of subject parcel (Lowest and Highest elevations) E r�ssa/, 1 i a;I ro), a IQ V 0 � � �1 6le�0 Shoreline type (e-g-beach, dune, roelry, sandy with rocky outcropping, etc.) ❑ Artificially armored Shoreline ❑ If checked, what type of armoring (e.g. seawall, revetment, bulkhead): ❑ Is the armoring permutted/authorizcP ❑ Is property in coastal floodplain (if checked, what zone)? ❑ Has tltis property been subjeot to coastal hazards in the pa If the proposed shuctm'e or suUdivision is within the shoreline setback area then, please be awu-e that if the determination of a shucture is approved, the Applicant shall agree in writing Yhat the Applicant, its suoce-ssors, and permirted assigns shall defend, indemnify, and hold the County ofXaua`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 inn with the land and shall be set forth in a unilateral agreement recorded by the applicant with the Bureau of Conveywces or the Land Cotut, whichever is applicable, no later than thirty (30) days after flee date of final shoreline approval of the stractmo 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 (J Date Setback Det�inatiou neessa•y. Requyyyir===ements of Ordinance No. 979 ar„e applicable. Ph a-Dir Ito or desi�iee {i g4� 6.: Date -2- 3rosns .. LANNING , ARTMENT �• 1 t If Part A has been deemed that a Defermhration w ll be necessary, die additional hlformatiou will be requ red for snbnaission ofthis 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 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 (FRUA) `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 morethan twelve (12) months from the date of the application for the exception tinder this section. Rd 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 prrojeot does not constitute "Substantial hnproverneug" pursuant to§8-27.2 Determination (to be Pursuant to §8-27.3 the Kauai County Code, 1987 as amended, the Plamung Department hereby certifies the proposed shvcture(s) or snbdivisiou(s) as exempt from those shoreline setback determhation regttir�ments established under § 8-27.8. Director or 3- a/os/ss 1 1„ Part C Shoreline Setback Determination (§8-27.8) (This document is the request for a shoreline setback structure or subdivision determination form.) Please complete this section if you are proposing a structure or subdivision within the Shoreline Setback Axea that requires a certified shoreline, a determination of applicability (Part A & B) from the Planning Director shall first be obtained. Certified Shoreline [� Cerlified Shoreline ❑ Survey Map (showing Certified Shoreline, Shoreline Setback, and Stmctrue(s) OR Subdivision) ❑ Average Lot Depth: a ii O F ❑ Setback (Table 1 or Table 2): ❑ Affidavit: Statement of inability to certify shoreline, pursuant to §8-273(d) Planning Director or its designee Date PuUlic Projects less than $125,000 ❑ Public Projects less than $125,000 Declaration ((§8-27.8(0)(2)) Planning Director or designee Date ❑ Certified Shoreline Required ❑ Certified Shoreline Not Required Describe proposed stnrcture(s), inehidin�bnt not hunted to landsccaping plan: _ Written text addressing the above nromsed structure addressing the compliance with 0-27.8(c)(2): -4- 3/a5/15 1 9• Part D Shoreline Setback Variance (§8-27.9) This part is the request for a shoreline setback variance. lr addition to the documentation and 'information requested in Parts A, B, and C, the Applicant applying for a variance is required to submit all required information, per §8-27.9 listed in the checklist below. ❑ Anon -refundable administrative fee of three hundred dollars ($300.00). ❑ Certification from the owner or lessee of the lot which authorizes the application for variance. ❑ An environmental assessment and or EIS, if required, prepared in accordance with HRS Chapter 343, and the environmental impact statement rules and applicable guidelines of the State of Hawaii; ❑ The names, addresses, and the tax map key identification of owners of real property situated adjacent to and abutting the boundaries of the land on which the proposed structure or subdivision and/or landscaping is to be located; or operation is to occur (attach information); _. _- ❑ _ A site lap n of the shoreline setback area, drawn to scale, shotrdng: ❑ Existing natural and man-made Yeahues and conditions within; ❑ Existing natural and man-made features and conditions along properties immediately adjacent to the shoreline setback area and proposed improvements; ❑ The certified shoreline and the shoreline setback line (submitted under Part B); ❑ Contours at a minimum interval of two (2) feet unless waived by the Director; and ❑ Proposed development and improvements showing new conditions with a typical section (if a structure). ❑ A copy of the certified shoreline survey map of the property (submitted under Part B); ❑ Detailed justification of the proposed project, which addresses the purpose and intent of these pules and the criteria for approval of a variance (attach written statement); ❑ Analysis and report of coastal erosion rates and coastal coastal processes and Director Any structure approved whin the shoreline setback area by valance shall not be eligible for protection by shoreline ha-dening dunhig the life of the structure, atd this linritaCion atd the fact that the stxucttue does not meet setback requirements under §8-27.3 and could be subject to coastal erosion and high wave action shall be written into a unilateral agreement that is recorded by the Bureau of Conveyances of Laid Court, as the case may be. A copy of the unilateral agreement shall be submitted to the Planning Department prior to the issuance of the required zoning and/or shoreline setback variance. Failure of the grantor to record these deed restrictions shall constitute a violation and the grantor shall be subject to the penalties set forth in this Article 3. For any structure approved within the shoreline setback area by valance, the Applicant shall agree in writing that the Applicant, its successors and permitted assigns shall defend, iidenmify and hold the Comity of Kauai harmless from and against any and a111oss, liability claim, or demand wising out of damages to said stmchtre and this indemnification shall be included in the unilateral agreement required above. 5- 3rosns 1 Table 1. (This table is inclatded for il/vrszratn�e purposes only.) Lots Included in the Kauai Coastal Erosion Study. The distance in feet of the shoreline setback line as measured from the certified shoreline based on the average lot depth in feet. LOTS INCLUDED IN KAUA`I COASTAL EROSION STUDY Average Lot Depth Setback Line Less than 140 feet 40 feet plus (70 X annual coastal erosion rate) plus 20 feet (<140 feet) Greater of. 140 feet to 220 feet 40 feet plus (70 X annual coastal erosion rate) plus 20 feet (140-220 feet) -or- (Average Lot Depth minus 100 feet) = by 2 plus 40 Greater of: Greater than 220 feet 40 feet plus (70 X annual coastal erosion rate) plus 20 feet _.._..._.(>220feet)-- 100 feet from the certified shoreline View erosion rate maps from the County website at ht!U://www.soest.hawamuo.edn/coasts/Icauaicounty/KCounty.litml Table 2. (17ais table is inclzuJed for illustrative purposes only.) Lots Not Included in the Kauai Coastal Erosion Study. LOTS NOT INCLUDED IN KAUA`I COASTAL EROSION STUDY Setback Calculation (Average Lot Depth — 100/2+40) Subject to the Following: I For lots with naturally occurring rocky shorelines, the shoreline setback line shall be no less than 40 feet. For all other lots, 2 the shoreline setback line shall be no less than 60 feet. 3 For all lots, the maximum setback that can be required shall be 100 feet. Non -Abutting Lots. If an Applicant is unable to secure permission from the abutting landowner to complete a certified shoreline for anon -abutting lot within approxhnately five hundred fifty (550) feet_of the shoreline, the Planning Director may, pursuant to §8-4.3, impose conditions to zoning permits to increase setbacks where evidence exists that a proposed structure may be affected by coastal hazards or erosion. -6- 3rosirs -FEPARTMENT "Olu Table 3. This table is presented for Exemption 3 (§8-27.7). Permitted Structures within the shoreline setback area (a) The following structures are permitted in the shoreline setback area. All structures and/or landscaping not specifically permitted in the section are, prohibited without a variance. (1) Existing conforming said nonconforming structures/activities (2) Structure or activity that received a shoreline variance or administrative approval prior to February 26, 2009. (3) A structure or activity that is necessary for, or ancillary to, continuation of agriculture or aquaculture existing on the shoreline setback area on June 16, 1989. (4) "Temporary structures" as defined in Section 8-27.2. To ensure that there will be no irreversible or long -tern adverse effects, the Director shall require as a condition of a permit the restoration of the site to its original condition or better, and the Director may require a bond to ensure such restoration. (5) _ A structure that consists of maintenance, repair, reconstruction, and minor additions or alterations of legal boating, maritime, or water sports recreational facilities, which are publicly owned, and which result in no -.__- interferenoe wn$n n�ucal'beaeh processes; proemritterrs[�uciutes maybe repai-e$-buts'halYnatbe -- enlarged within the shoreline setback area without 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-conforuuty; or intensify the use of the structure or its impact on coastal processes; (B) The repairs do not constitute a substantial improvement of the structure; and (C) The repair are permitted by the Comprehensive Zoning Ordinance, Development Plans, building code, floodplain management regulations, special management area requirements under HRS Chapter 205A and any other applicable rile or law. (7) Beach nourishment or dime restoration projects approved by all applicable governmental agencies. (8) A structure approved by the Director as a nvnor structure. (9) Qualified demolition of existing structures. (10) Unmanned civil defense facilities installed for the primary purposes of: (i) waning the public of emergencies mud disasters; or (ii) measuring and/or monitoring geological, meteorological and other events. (11) Scientific studies and surveys, including archaeological surveys. (12) Structures built by a governmental agency to address an emergency as declared by the Governor of the State of Hawai `i, the Mayor of the County of Kauai or any other public official authorized by the law to declare an emergency. (13) Structures relating to film productions that have received a County Revocable Film Permit. Structures undertaken for film productions must be removed within thirty (30) days following the completion of the film production. (14) Structures required for remedial and removal actions undertaken pursuant to Chapter 128D of the Hawaii Revised Statutes. 7- 3rosns 1 (b) The following conditions shall apply to any new structure permitted in the shoreline setback area- (1) All new structures shall by constructed in accordance with the standards for development in Chapter 15, A tiele 1, Flood Plain Management, Kauai Comity Code 1987, as amended, relating to coastal high hazard districts slid FEMA guidelines regarding construction in areas mapped on Flood Insurance Rate Maps as flood hazard areas. (2) 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 hazard and coastal erosion. (3) The applicant shall agree in writing for itself, its successors and assigns that the construction of any erosion - control or shoreline hardening structure and/or landscaping shall not be allowed to protect the permitted structure during its life, with tire exception of approved beach or dune nourishment fill activities, and landscape planting and irrigation located more than forty feet (40') from the shoreline. (4) Unless otherwise provided, all new structures and/or landscaping shall not: (A) adversely affect beach processes, _ (B) artificially frx the shoreline, -- —(C) interfere -with -public weess-or public. views to and along the shoreline, ..._ (D) impede the natural processes and/or movement of the shoreline and/or sand dunes, or (E) alter the grade of the shoreline setback area. (5) All new structures shall be consistent with the purposes of this article and HRS Chapter 205A, as amended, and shall be designed and located to minimize the alteration of natural landfonns and existing public views to and along to the shoreline. (6) The requirements of this Subsection (b) shall ran with the land and shall be set forth in a unilateral agreement recorded by the applicant with the Bureau of Conveyances or the Land Court, whichever is applicable; no later than thirty (30) days after the date of final shoreline approval of the structure under Section 8-27.8. A copy of the recorded unilateral agreement shall be filed with the Director aid the County Engineer no later than forty-five (45) clays 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- s/os/ss Ile �? I IV e Ale Am IV IV � @ It It Llg : It 7 %- \. . /�- 2-�_- y�� � LETTER OF AUTHORIZATION May 30, 2016 Ms. Jody Galinato Planning Department 4444 Rice Street, Lihue, Hawaii 96766 Re: SMA and Shoreline Setback Permits 5000 and 5010 Weke Road Hanalei, HI 96714 Dear Ms. Galinato, Please Iet this letter serve as my Authorization, Keola Sheehan of Hanalei Land Company LLC, as my Property Manager and Agent, to submit and process SMA and Shoreline Setback Permits for new 4 ft hogwire fence and Ironwood hedge construction at 5000 and 5010 Weke Road Hanalei Hawaii 96714. TMK#'s are 5-5-01-20 and 21. Sincerely, Patricia Wilcox Sheehan, Manager �'�-G Kauikeolani LLC PLANNING DEPARTMENT SHORELINE SETBACK APPLICATION FOR OFFICIAL VSE ONLY: SSD 201 t� - Acceptance Date: Website Posting Date: P,_-< "- DetenninatioaDate: Pl Commission Date: Expiration Date: Planner Assigaed: I Lz� Instructions: Pile all infonnnuvu requested under Pazt A for prooessiug the Detem nation of ApplicaUility (§8-27.1), including signature page. Fill out Parts A and B if you know, due to proximity of the shoreline, thatyour 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. Annlicaut vrformafion Applicant: (�E9dLrey u;t5on �lrs C 1CaeIFS (.�ranS"ev1Mailing Address: 2 u>°�ttetviU �`� 135 Phone: Ci P ® Email: rA Fv C G es ta:7S� 1 . e s N1. A licant's Status: (Check one) ❑ owner of the Property (Folder of at least 75 % of the equitable and legal title) ❑ Lessee of the Property Lessee must have an unexpired and recorded lease of five. (5) years or more from the date of $ling of this lication. If not, owaer(5) must provide a Letter of Authorization. [Authorized Agent Attach Letter of Authorization Transmittal Date: PrOj ect InfOrmatlon (attach additional sheers, it necessary) County Zoning District: 1nFvi M � Tax Map Key(s): ( Ct Land Area: �-4% � l S � Nature of Development: (fie-pqi - lay repletceme✓l c\r f COA @ ic'M'W y eguu Mel (Description of proposed �n F / f structure or subdivision) C4 "t` C 5 '7 Wef; ecl PLJWa `� NO PERMITS WILL BE ISSUED WITHOUT PLANNING COMMISSION AC EPTANCE, EXCEPT AS PROVIDED IN §8-27.8(0(8) Part A Shoreline Setback Determination of Applicability (§8-27.1) Check all that apply, tin 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: i ❑ Additional Information: ❑ Closest distance of improvement(s) from Shoreline is approximately ft. ❑ Number of parcels and type of improvements (roads, buildings, structures) between Shoreline and this parcel: low t'n 3ro;iu PLANNING DEPARTMENT SHORELINE SETBACK APPLICATION FOR OFFICIAL USE ONLY: SSD 201 T Acceptance Date: website Postiv Date: Determination Date: Plmming Commission Date: Expiration bate: Plainer Assigned: [� Topography (undulating, flat, slope, etc.) and ground elevation of subject parcel (Lowest and Highest elevations) �(A lot Lov_i 4"Ei, IketC ,yk Pp1ti1e �5,a`�tC-Ugq ILNI ❑ Shoreline type (e_g. beach, dwr.e, rocky, sandy with rocky outcropping, etc.) ❑ Artificially annoyed Shoreline ❑ If checked, what type of armoring (e.g. seawall, revetment, bulkhead); ❑ Is the armoring pennittedlauthonzed? ❑ Date ofauthorization (attach copy ofauthorization letter): Ed Is property in coastal floodplain (if checked, what zone)? ="o'e'r'®. l �✓i n V '� °t - ❑ ITas this propertyUeem subject to coastal hazards in the past'1(If checked. , please descnbe) if dye proposed structure or subdivision is within the shoreline setback azea then, please be awaze that if the determination of a structure is approved, the Applicant shall agree in writiu9 that the a ItT ant,,its successors, and perniitted assigns shall defend, indenurify, 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 fiom 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 fmal 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 Data A licabili (to be com Meted by Planning De arttnent) Setback Det"inatyon nee( sary. Requirements of Ordinance No. 979 are applicable. r' r' f / 9 p Date _2_ PLANNING DEPARTMENT SHORELINE SETBACK DETEMMINATION If Part A has been deemed that a Deternvnation will be necessary, the additional uifonnafion will be requ red £ox 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. ❑ 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 ofthe application for the exception tinder this section. Exemption 2 In cases where the applicant can demonstrate to the satisfaction of the Planning Director thatthe 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 (38-27.7) (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 ExempfionDeterminafiou (to be completed by Planning Department) Ptusuarrtto §8-27.3 the ICaua`i County Code, 1987 as amended, the Plain"ng Department fiereby cerhfies t noposed§tructure(sd of subdivision(s) as exempt from those shoreline setback detenninationrequirements Date -3- 3JnS/15 PLANNING DEPARTMENT SHORELINE SETBACK DETERMINATION Part C Shoreline Setback Determination (§8-27.8) (This document is the request for a shoreline setback structure or subdnnsio7i determination form) . Please complete this section if you are proposing a stmcttffe of subdivision within the Sltorelhie Setback Area ffiat requires a certified shoreline, a detennination of applicability (Part A & B) from the Planting Director shall first be obtained.. Certified Shoreline ❑ Certified Shorelhie ❑ Survey Map (showing Certified Shorelute, ❑ Average Lot Depth: ❑ Setback (Table 1 or Table 2): ❑ Affidavit: Statement of inability to certify Shorelne, pursuant to §8-27.3(d) Pub&c Shorelhie Setback, and Stmcfiue(s) OR Subdivision) ❑ Public Projects less than $125,000 Declazation Planning Director or designee Date Certified Shoreline Req Certified Shoreline Not Describe Written but not with -4- 3/OS(1S PLANNING DEPARTMENT SHORELINE SETBACK VARIANCE Part I3 Shoreline Setback Variance (§8-27.9) This part is the request for a shoreline setback variance. In addition to the documentation and information requested in Parts A, B, and C, the Applicant applying for a variance is required to sulitnit all required information, per §8-27.9 listed in the checklist below. ❑ A non-refundable administrative fee of three hundred dollars ($300.00). ❑ Certification iiom the owner or lessee of the lot which authorizes the application for variance; ❑ An environmental assessment and or EIS, if required, prepared in accordance with HRS Chapter 343, and the environmental impact statement rules and applicable guidelines of the State of Hawaii; ❑ The names, addresses, and the tax map key identification of owners of real property situated adjacent to and abutting the boundaries of the land on which the proposed structure or subdivision and/or landscaping is to be located; or operation is to occur (attach information); ❑ A site plan of the shoreline setback area, drawn to scale, showing: ❑ Existing natural and man-made features and conditions within; ❑ Existing natural and man-made features and conditions along properties immediately adjacent to the shoreline setback area and proposed improvements; ❑ The certified shoreline and the shoreline setback line (submitted under Part B); ❑ Contours at a minimum interval of two (2) feet unless waived by the Director; and ❑ Proposed development and improvements showing new conditions with a typical section (if a structure). ❑ A copy of the certified shoreline survey map of the property (submitted under Part B); ❑ Detailed justification of the proposed project, which addresses the purpose and intent of these roles and the criteria for approval of a variance (attach written statement); ❑ Analysis and report of coastal erosion rates and coastal processes; and ❑ Any other Any structure approved within the shoreline setback azea by vaziance shall riot be clip ble for protection by shoreline hazdeniug dtuhig the life of the structure, and this linutation and the fact that the strucure does not meet setback requirements under §8-27.3 and could be subject to coastal erosion and high wave action shall be written into a unilateral agreement that is recorded by the Bureau of Conveyances of Land Court, as the case may be. A copy of the unilateral agreement shall be submitted to the Planning Department prior to the issuance of the required zoning and/or shoreline setback variance. Failure of the grantor to record these deed restrictions shall constitute a violation and the grantor shall be subject to the penalties set forth in this Article 3. For any structure approved within the shoreline setback area by variance, 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 structure and this indemnification shall be included in the unilateral agreement required above. -5- 3ios�u PLANNING DEPARTMENT SHORELINE SETBACK INFORMATION Table 1. (This table is included for illustrate%e purposes only.) Lots Included in the Kauai Coastal Erosion Study. The distance in feet of the shoreline setback line as measured from the certified shoreline based on the average lot depth in feet. Average Lot Depth Less than 140 feet (<140 feet) 140 feet to 220 feet (140-220 feet) Greater than 220 feet (>220 feet) LOTS INCLUDED IN KAUA�I COASTAL EROSION STUDY Setback Line 40 feetplus (70 X annual coastal erosion rate) plus 20 feet Greater o 40 feet plus (70 X annual coastal erosion rate) plus 20 feet (Average Lot Depth minus 100 feet) =by 2 plus 40 Greater of: 40 feet plus (70 X annual coastal erosion rate) plus 20 feet -or- 100 feet froin the certified shoreline View erosion rate maps from the Cauntp website at http•/lwww soest.hawaii edu/coasts/kauaicouuty/KCounty.html Table 2. (This table is included for illustratwepurposes only.) Lots Not Included in the Kauai Coastal Erosion Study. LOTS NOT INCLUDED IN KAUA`I COASTAL EROSION STUDY Setback Calculation Non (Average Lot Depth—10012+40) Subject to the Following: For lots with naturally occurring rocky shorelines, 1 the shoreline setback line shall be no less than 40 feet. For all other lots, 2 the shoreline setback line shall be no less than 60 feet. 3 For all lots, fine maximum setback that can be required shall be 100 feet. -Abutting Lots. If an Applicant is unable to secure permission from the abutting landowner to complete a certified. shoreline for anon -abutting lot within approximately five hundred fifty (550) feet of the shoreline, the Planning Director may, pursuant to §8-4.3, impose conditions to zoning permits to increase setbacks where evidence exists that a proposed structure maybe affected by coastal hazards or erosion. -6- 3/oslis PLANNING DEPARTMENT SHORELINE SETBACK INFORMATION Table 3. Thus table is pxesenied for Exeunpfion 3 .7). Permitted Structures within the shoreline setback area The following structures are permitted in the shoreline setback area All structures and/or landscaping not specifically permitted in the section are prohibited without a variance- ( F Existing conforming and nonconforming structures/activities Structure oractivity that received a shoreline variance or administrative approval prior to February 26, 2008. A stmeture or activity that is necessary for, or ancillary to, continuation of agriculture or aquaculture existing on the shoreline setback area on June 16, 1989. (4) "Temporary structures" as defined in Section 8-27.2. To ensure that there will be no irreversible or long-term adverse effects, the Director shall require as a condition of a permit the restoration of the site to its original condition or better, and the Director may -require a bond to ensure such restoration. (5) A structure that consists of maintenance, repair, reconstruction, and minor additions or alterations of legal boating, maritime, or water sports recreational facilities, which arc publicly owned, and which result in no interference with natural beach processes; provided that permitted structures may be repaired, but shall notbe enlarged within the shoreline setback area without 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; (B) The repairs do not constitute a substantial improvement of the structure; and (C) The repairs are permitted by the Comprehensive Zoning Ordinance, Development Plans, building code, floodplain management regulations, special management area requirements under HRS Chapter 205A and any other applicable rule or law- (7) Beach nourishment or dune restoration projects approved by all applicable governmental agencies. (8) A structure approved by the Director as a rninor structure- (9) Qualified demolition of existing structures. (10) Umnamned civil defense facilities installed for the primary purposes of, W warning the public of emergencies and disasters; or (it) measuring and/or monitoring geological, meteorological and other events. (11) Scientific studies and surveys, including archaeological surveys. (12) Structures built by a governmental agency to address im emergency as declared by the Governor of the State of Hawaii, the Mayor of the County of Kauai or any other public official authorized by the law to declare an emergency. (13) Structures relating to film productions that have received a County Revocable Film Permit. Structures undertaken for film productions must be removed within thirty (30) days following the completion of the film production. (14j Structures required for remedial and removal actions undertaken pursuant to Chapter 128D of the Hawaii Revised Statutes. 7- 3iosiu PLANNING DEPARTMENT SHORELINE SETBACK INFORMATION (b) The following conditions shall apply to any new structure permitted in the shoreline setback area: (1) All new structures shall by constructed in accordance with the standards for development in Chapter 15, Article 1, Flood Plain Management, Kauai County Code 1987, as amended, relating to coastal high hazard districts and FEMA guidelines regarding construction in areas mapped on Flood Insurance Rate Maps as flood hazard areas. (2) 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 hazard and coastal erosion. (3) The applicant shall agree in writing for itself, its successors and assigns that the construction of ally erosion control or shoreline hardening structure and/or landscaping shall not be allowed to protect the permitted structure during its life, with the exception of approved beach or dune nourishment fill activities, and landscape planting and inigation located more than forty feet (40') from the shoreline. (4) Unless otherwise provided, all new structures and/or landscaping shall not: (A) adversely affect beach processes, (B) artificially fix the shoreline, (C) interfere with public access or public views to and along the shoreline, (D) impede the natural processes and/or movement of the shoreline and/or sand dunes, or (E) alter the grade of the shoreline setback area. (5) All new structures shall be consistent with the purposes of this article and FIRS Chapter 205A, as amended, and shall be designed and located to nurumize the alteration of natural landforms and existing publicbiews to and along to the shoreline. (6) The requirements of this Subsection (b) shall run with the land and shall beset 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 tinder Section 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. 3/OS/IS CHARLES T. LUNSON & ASSOCIATES, INC./ Mechanical Engineers 98-1277 Kaahumanu Street, PMB 546 Aiea, Hawaii 96701 June 3, 2016 Planning Department County of Kauai 4444 Rice Street, Suite A473 Lihue. HI 96766 Subject: Building Permit Application BP16-00001125 Waimea Public Library Replace Chiller, Pumps and Other Improvements DAGS Job No. 64-36-6557 9750 Kaumuali'i Highway TM K: 1-6-007-036 Phone:(808)484-90'15 Fax: (808) 484-9015 E-Mail: info@charleslunson.com The State of Hawaii is processing the referenced building permit for repairs to the existing Waimea Public Library. The repairs consist of replacing an existing outdoor air conditioning unit with a similar, new unit. Other work includes replacement of pumps and piping, and related electrical work. The project does not include any physical alterations to the existing building. All of the equipment to be replaced is mounted at ground level and is screened by an existing concrete block screen wall that will not be altered in this project. The existing library was constructed in 1950 and will remain exactly as -is. The failing air conditioning unit was installed in 2000 and requires immediate replacement due to age and deterioration. A Shoreline Setback Application is attached, supplemented with a property vicinity map, downloaded from the County Real Property website, and photos of the existing building. It is our opinion that the proposed project will have no effect on the shoreline or any other existing conditions at the property. Please contact me if there are any questions. Charles T Lunson, PE President Charles T Lunson & Associates, Inc. Copy: Daniel Jandoc, DAGS Public Works Project Management Branch The. Kauai ICounty As: herein, _its useor iht THAT