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Home My WebLink AboutJuly12015shorelinesetbackdeterminationapplications2c r PEANNINTG CEP RTMENT SHORELINE SETBACK APPLICATION FOR OFFICIAL USE ONLY: SSD 201 S - Acceptance Date: Website Posting Date: Detennuration Date:-anning Comuvssian Date: ZJAO_r�l x nationDate:anerAssigned: Instructions: File all information requested tinder Part A for processing d e Detenn 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 structure or subdivision within the shoreline setback area fill in Part C. For applications involving a variance, complete Part D. A � tlicaut Informatimr Applicant: AAy' 7 (' ,- Mailing Address: Phone: Email: rr @ IQ 6 � ti 0 CIC7 A'SCL A Inca is Status: (Check one) 13 i -,i Owner of the Properly (Holder of at least 75% of the equitable and le al title) Lessee of ofthvProperry --Lessee.musthavear>-unexpired_antLrecordedleas_e_o£five(5)_years ormore fiomthe date of filing of this application. If not, Owner(s) must provide a Letter of Authorization. Authorized Agent Attach Letter of Authorization - 'ransvnttal Date: �2 PYOJCCt InfOYmat10n(attach additional sheets, ifuecessazy) County Zoning District: G wc.ti Tax Map Key(s): VON Land Area: Nature of Development: (Description of proposed stractm-e or subdivision) I 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 (§8-271) 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 N Project's approximate distance from shoreline: to ❑ Properties Not Abutting the Shoreline ❑ Project's approximate distance from shoreline: Additional Information: Closest distance of improvement(s) from Shoreline is approxhnately � � ft. ❑ Number of parcels and type of improvements (roads, buildings, structures) between Shoreline and this parcel: FOR OFFICIAL USE ONLY: SSD 201 Acceptance Date: website Postiu.. Date: Determination Date: Pluming Commission Data: Expiration Date: Planner Assiaaied: ❑ Topography (undulating, flat, slope, etc.) and ground elevation of subject parcel (Lowest and Highest elevations) ❑ Shoreline type (eg. beach, dune, rrooky, sandy with rocky outcropping, etc.) ❑ Artificially armored Shoreline ❑ If checked, at type of armoring (e.g. seawall, revetment, bulkhead): ❑ Is the armoring pern ittedlauthmized2 0 Is property in 6oastal floodplairi (if checked, what zone)4 LT Has this property been subject to coastal hazards in the p: If the proposed. structure or subdivision is within the shoreline setback area thee, please be aware that if the determination of a suctura is approved, the Applicant shall agree in writing drat the Applicant, its successors, and permitted assigns shall defend, indemnify, and hold the County of Kauai harmless from and against any and all loss, liability, claim or demand arising out of damages to said structures from any coastal natural hazards and coastal erosion, pursuant to §8-27.7(b)(2). The requirements of the Subsection (b) shall run with the land and shall be set forth in a unilateral agreement recorded by the applicant with the Bureau of Conveyances or the Land Court, whichever is applicable, no later than thirty (30) days after the date of final shoreline approval of the structure under §8-27.8- A copy of the recorded unilateral agreement shall be filed with the Director and the County Engineer no later than forty-five (45) days after the date of the final shoreline determination and approval of the structure and the filing of such with the Director shall be a prerequisite to the issuance of any related building pennit. §8-27.7(b)(6). Applicants Signature Signature Date A licabili (to be completed by Planning Department) ®' Setback Determination necessary. Requirements of Ordinance No. 979 are applicable. or z- I If Part A 7aias been deemed that a Detem>ivation will be necessary, the additional hi%nnation will be required for submission of this application. Part B Exemption Determination Anon -refundable processing fee of one hundred dollars (u100.00) sball accompany arequest for determination. (§8-278(e)) ❑ Exempfionl 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 (FFMA) 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; i (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 apphcarn, 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 Those structures and uses found exempt in Table 3 (§ 8-27.7) (see pg. 5-6) .! pt Letter from the Department of Public Works stating that the proposed project does not constitute "Substantial ( �' hnprovement," pursuant to§8-27.2 be Pursuant to §8-27.3 the Kauai County Code, 1987 as amended, the Plannurg Department hereby certifies the proposed stnreture(s) or subdivisiou(s) as exempt fintn those shoreluie setback detenrrination requirements e hed under Director or -3- �iosiu Bernard P. Carvalho, Jr. Mayor Nadine K. Nakamura Managing Director Ivlr. Michael Latif Benualli Brothers, 111c. 2460 Oka Street Kilauea, HI 96754 DEPARTMENT OF PUBLIC WORKS County of Kauai, State of Hawaii 4444 Rice Street, Suite 275, Lihu`e, Hawaii 96766 TEL (808) 24 t-4992 FAX (808) 241-6604 June 10, 2015 Subject: SHORELINE SETBAGKAPPLICATION SUBSTANTIAL IMPROVEMENT DETERMINATION BUILDING PERMIT APPLICATION NO. 15-1349 TMK: (4) 2-8-019: 004 Dear Ml•. Latif; Larry Dill, P.E. County Engineer Kyle Tabata Deputy County Engineer The Kenai County Shoreline Setback and Coastal Protection Ordinance (Ordinance No. 979) Section 8-27.2 defines substantial improvement as "any cumulative series of repairs, reconstruction, improvements, or additions to a structure over a ten (10) year period, where the cumulative cost equals or exceeds fifty percent (50%) of the market value of the structure before the start of construction of the first improvement during that ten (10) year period. For the purposes of this definition, substantial improvement is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the strueture." The Delaartment of Public Works (DPW} Engineering Division has reviewed the proposed improvements described in Building Permit Application (BP) 15-1349 for renovations to tl e interior of Unit 301 of Building B of Poipu Shores. The structure is located at 1775 Pe`e Road in Koloa and the application is dated May 8; 2015, DPW has determined that the proposed improvements do not constitute a substantial improvement. A summary of the calculations follows. Metrket Y7tCtte Poipu Shores Buildmg B is comprised of 7 units, `fhere were six other building perrnits for the building approved within the past 10 years. The first permit, BP No. 05-485 was approved in 2005. Therefore, the market value used, in the calculations is the Replacement Cost New Less Depreciation (RCNLD) value in 2005 for the structure, The 2005 RCNLD was determined to be $5,051,400. Fifty percent (50%) of this is $2,525,700 (or $5,051,400 divided by 2), �An. Fgatal Opportunity �'��tployer Beneulli Brothers, Inc. Building Permit Application No. 15-1349 June 10,2015 The Engineering Division has used the RCNLD as detorrmined by the County Real Property Assessment Division in its calculations. 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 skull be based on the "Cost Approach" (or Replacement Cost New Less Depreciation). Cost oflnipxovemettts The total cost of ,improvements is summarized as follows: BP No. OS-485 $ 7,000 BP No. 07-2261 $ 2,400 BP No. 08-848 $ 1500 BP No. 12-1814 $ 4,800 BP No. 12-1815 $ 4,800 BP No. 13-1463 $ 65,000 BP No. 15-1349 $ 5,000 Total Cost $ 104,000 Stcrnrrzary The cost of improvements compared to the market value is: Cost of Improvements (past 10 years): $104, 000 *Market Value (Real Property): $5,051,400 — O.OZ61 or 2.6% Since the total cost does not exceed 50% of the market value, the improvement is not considered to be substantial. Based on our records there were no other permits for the structure within the past ten years, However, if any rmpermitted work has been done, or if there are modifications to this application, our determination shall be considered void and the structure must be re- evaluated, If you have any questions or need additional information, contact Stanford Iwamoto at (808) 241-4896 or siwamoto(o�,kauai.gov . Sincerely,. MICHAEL MOtTLE, P.E. Chief, Engineering Division SI Copy: Design and Permitting Planning - i s � z C F = DRIVEWAY w N � O N � O N m O L m o1 a N � I-- rnrnrn C C C .o .o m m Co Q m U J m ® iO oOp y �I N V a N N O �p O o GI a b rn V O AAO 0 I x c z - i I ^ J I rr _ g fo ti I zCp, ➢_ - L -un 10 ul 1 - <6� ' t 71 0 z t - rl cc Fil i COUNTY OF KAUAI PLANNING DEPARTMENT 4444 RICE STREET, SUITE A473 LIHUE, HAWAII 96766 (Official Receipt) Deposit or tender of this instrument shall not be considered evidence of approval orrenewal Receipt Number: 29834 Shorelilne Determination=No: Received from Lihue, Kauai, Hawaii, SSD-2015-43 Magdi Latif i PROPERTY ADDRESS: '1775 Pe'e Rd #302A Koloa, HI 0 Tax Map Key: 428019004 SHORELINE DETERMINATION FEE: $100.00 0V Check ❑ Cash Check Number: 1 567 JV1icFiaee CL.1�aPii�icy (JAM) Planning Cirector or his authortwu agent Tuesday, June 30, 2015 Page 1 of 1