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HomeMy WebLinkAboutMay52015SSDwebpostings2\.I PLANNING DEPARTMENT # 0rWWLT-G5ATkT4P1 FOR OFFICIAL USE ONLY: SSD 201 IT - 54 Acceptance Date: 5 S IS Website Posting Date: S S Determination Date: S S I Planning Commission Date: 3 iL IS Ex iration Date: Planner Assi ed: 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 Q the shoreline setback area fill in Part C. For applications involving a variance, complete Part D. fS, (is 15407 A Iicant Information Applicant: Darcy McCartney Address: P,O. Box 557 Phone: 808-635-6095 Kapa'a, HI Applicant's Status: (Check one) 96746 Email: darcy.mccartney@gmaii.com QX Owner of the Property Lessee of the Property ® Authorized Agent (Holder of at least 75% of the equitable and legal title) Lessee must have an unexpired and recorded lease of five (5) years or more from the date of filing of this application. If not, Owners) must provide a Letter of Authorization. Attach Letter of Authorization Transmittal Date: g Project Information (attach additional sheets, if necess2g2I County Zoning District: Residential Tax Map Key(s): (4) 1-3-004:089 Land Area: 10,001 sf Nature of Development: (Description of proposed Structure of subdivision Relocate existing structure on site. NO PERMITS WILL BE ISSUED WITHOUT PLANNING COMMISSION ACCEPTANCE, EXCEPT AS PROVIDED IN §s-27.5(c)(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, 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: 70' ® Additional Information: © Closest distance of improvements) from Shoreline is approximately ® Number of parcels and type of improvements (roads, buildings, structures) between Shoreline and this parcel: Sea wall along shoreline. Kaumuali'i Highway between hardened shoreline and subject property. znsns PLANNING DEPARTMENT .�.Al FOR OFFICIAL, USE ONLY: SSD 201 bS- 34 Acceptance Date: Website Posting Date: Detennination Date: Planning Commission Date: Ex iration Date: Planner Assi ed; © Topography (undularing, flat, slope, etc.) and ground elevation of subject parcel (Lowest and Highest elevations) ❑X Shoreline type (e.g. beach, dune, rocky, sandy with rocky outcropping, etc.) Sandy beach. ® Artificially armored Shoreline ® If checked, what type of armoring (e.g. seawall, revetment, bulkhead): Rook Seawall ❑ Is the armoring permitted/authorized? ❑ Date of authorization (attach copy of authorization letter): ® Is property in coastal floodplain (if checked, what zone)? AE-12 ❑ Has this propertybeen subject to coastal hazards in the past? (If checked, please describe) If the proposed structure ar subdivision is within the shoreline setback area then, please be aware that if the determination of a structure is approved, the Applicant shall agree in writing that the Applicant, its successors, and permitted assigns shall defend, indemnify, and hold the County of Kauai harmless from and against any and all loss, liability, claim or demand arising out of damages to said structures from any coastal natural hazards and coastal erosion, pursuant to §8-27.7(b)(2). The requirements of the Subsection (b) shall run with the land and shall be set forth in a unilateral agreement recorded by the applicant with the Bureau of Conveyances or the Land Court, whichever is applicable, no later than thirty (30) days after the date of final shoreline approval of the structure under §8-27.8. A copy of the recorded unilateral agreement shall be filed with the Director and the County Engineer no later than forty-five (45) days after the date of the final shoreline determination and approval of the structure and the filing of such with the Director shall be a prerequisite to the issuance of any related building permit. §8-27.7(b)(6). Setback Def�r`ininatign necessary. Requirements of Ordinance No. 979 apply, submit full application. Date 2126/IS r� If Part A has been deemed that a Determination will be necessary, the addifional information will be required for submission of this application. Part B Ex mption Determination A non-refundable processing fee of one bundred dollars (Sl ill ,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. f Exemption 2 hi cases where the applicant can demonstrate to the satisfaction of the Planning Director that the applicant's proposed structure or subdivision will not affect beach processes, impact public beach access, or be affected by or contribute to coastal erosion or hazards, excluding natural disasters. Factors to be considered shall include, but not be limited to, proximity to the shoreline, topography, properties between shoreline and applicant's property, elevation, and the history of coastal hazards in the area. ❑ Exemption 3 Those structures and uses found exempt in Table 3 (§8-27.7) (see pg. 5-6) ❑ Letter from the Department of Public Works stating that the proposed project does not constitute "Substantial Improvement," pursuant to §8-27.2 §8-27.3 the Kauai County Code, 1987 as amended, the Planniug Department hereby certifies the �ucture(s or subdivisions) as exempt from those shoreline setback determination required established Date snens F NOTES: 1. This project does not involve the sales of individual subdivided lots. The dotted lines on the condominium map are for illustration purposes only. They represent either a limited common element or common element. 2. Underground utilities, septic tanks, etc. were not field located except as shown. The location, existence, size, depth, condition, capacity, etc. of any drainage system, sub -surface water system, cesspool/septic tank system, sewer line, or utility lines to the property, except as shown, are not a part of this Map. The appropriate governmental and/or utility agencies should be contacted for this information. 3. Utility lines and wastewater treatment system(s) have not been disclosed to the surveyor. No responsibility, liability or representation is made regarding the impact of undisclosed utility lines and wastewater treatment systems) on this property. Surveyor shall have no liability for the effects of the nondisclosure of these items. 4. Based on FIRM Map 150002 Panel 0254F, dated Nov. 26, 2010, Lot 9 is located in the AE flood zone, with a base flood elevation of 12 feet MSL. Zone AE is the flood insurance rate zone that corresponds to the 100-year floodplains that are determined in the FIS by detailed methods. The I % annual chance flood (100-year flood), also known as the base flood, is the flood that has a 1% chance of being equaled or exceeded in any given year. 5. Easement "AU" I" affecting Unit I in favor of Unit 2 for access and utility purposes. (454 Sq. Ft.) 6. Condominium Map is based on Preliminary Report supplied by Old Republic Title & Escrow of Hawaii dated September 12, 2012. 7. B�Indicates Restriction of Vehicular Access along Kaumualii Highway as show on Document No. 2003-016513. 8. Set 1/2' iron pipe at all CPR corners unless noted otherwise. / 9. Q Indicates a found 1/2" pipe unless noted otherwise noted. 44r� LIMITED CCCOMMON ELEMENT EJNIT a (7,265 Sq. Ft.) a � d 1� r� Iltp R � LIMITED COMMON ELEMENT UNIT 1 (2,735 Sq, Ft,) CLS HAWAII Land Surveying & Mapping P.O. Box 777 Kalaheo, Kauai, Hawaii 96741 808.635.3700 ` fax 866.592.2475 surveyorl @CLSHawaii.com H = i w LL H o co O �I Z = U W z CC bi r U �( U 0 15 30 GRAPHIC SCALE IN FEET 60 KANALOA' /� �' tAStMtNt S PO f4� (464 Sq. Ft.) • �To s� 125 �• ea a�'0 / • PP (10.00) 34.73 on` 10'30" 43.91 R=30.00 L� I MAP SHOWING "LOT 9 CONDOMINIUM" UNITS 1 AND 2 AND DEDICATION OF EASEMENT 11AU-111 LOT 9 OF THE KEKAHA COTTAGES SUBDIVISION (Por.) LAND PATENT GRANT NUMBER 9,113 TO PRICILLA CHARMAN AKINA (Por.) LOT 137 OF THE KEKAHA HOUSELOTS KEKAHA, WAIMEA, KAUAI, HAWAII Tax Map Key: (4) 1-3-004: 089 Area: 10,000 Sq, Ft, November 10, 2014 y ICENSED Cn PROFESSIONAL N LAND SURVEYOR N0.7919 wq,l ROGER M. CAIRES Licensed Professional Land Surveyor Certificate Number 7919 Expires 04/30/16 N4335CPR COUNTY OF KAUAI PLANNING DEPARTMENT 4444 RICE STREET, SUITE A473 LIHUE, HAWAII 96766 1Official Receipt) --_ .Depositor tender of this instrument shall not be considered evidence of approval or renewal Receipt Number: 29523 Lihue, Kauai, Hawaii, Shorelilne Determination No: SSD-2015-34 Received from PROPERTY ADDRESS: Tax Map Key: 443004089 Darcy McCartney PO Box 557 Kapa`a, HI 96746 4 6 2015 SHORELINE DETERMINATION FEE:. $100.00 U Check ❑ Cash Check Number: 1681 .lVLicPeaee CI. � 0 picrrar�ing i3isectear a-Ar hi s ae+thorl� �r� agent Monday, April 06, 2015 Page 1 of 1 PLANNING DEPARTMENT SHORELINE SETBACK APPLICATION i FOR OFFICIAL USE ONLY: SSD 2o1JS - 3 - Acceptance Date: �,S Website Posting Date: 5 S 11" Determination Date: 5 S 1 Planning Commission Date: Z Expiration Date: Planner Assi ed: 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. =UrA 'ticantInformafion Applicant: Monica T. HOC an Address: 432 21st Street Phone: Applicant's Status: Manhattan Beach, CA. 90266 Email: nikki rakuinternational.com Check one Owner of the Property Lessee of the Property Authorized Agent (Holder of at least 75% of the equitable and legal title) Lessee must have an unexpired and recorded lease of five (5) years or more from the date of filing of this application. If not, Owners must provide a Letter of Authorization. Attach Letter of Authorization Transmittal Date: County Zoning District: OPEN Tax Map Key(s): 4 5-5-01:40 Land Area: 0,28 Acre Nature of Development: Remove & install new fence. After the -fact permit processing for shade (Description of proposed Pagoda. Structure of subdivision) NO PERMITS WILL BE ISSUED WITHOUT PLANNING COMMISSION ACCEPTANCE, EXCEPT AS PROVIDED IN §8-27.8(c)(8) Part A Shoreline Setback Determination of Applicability (§8-271) 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 ❑ Project's approximate distance from shoreline: © Properties Not Abutting the Shoreline ❑X Project's approximate distance from shoreline: 365' ® Additional Information: X❑ Closest distance of improvement(s) from Shoreline is approximately 200 ft. ❑X Number of parcels and type of improvements (roads, buildings, structures) between Shoreline and this parcel- 2- Beachfront Parcel & Weke Road tizs/s Project No: 5422.1 PLANNING DEPARTMENT SHORELINE SETBACK APPLICATION If Part 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 fhe proposed structure or subdivision satisfies the following four criteria: (A) In cases where the proposed structure or subdivision is located outside of the Federal Emergency Management Agency (FEMA) Flood Insurance Rate Map (FIRM) `V' or `VE' flood zones; (B) The proposed structure or subdivision is located at an elevation which is thirty (30) feet above sea level or greater; (C) The applicant can demonstrate to the satisfaction of the Planning Director that the property is clearly adjacent to a rocky shoreline and that it will not affect or be affected by coastal erosion or hazards; and (D) The shoreline setback shall be sixty (60) feet from the certified shoreline which has been established not more than twelve (12) months from the date of the application for the exception under this section. ® Exemption 2 In cases where the applicant can demonstrate to the satisfaction of the Planning Director that the applicant's proposed structure or subdivision will not affect beach processes, impact public beach access, or be affected by or contribute to coastal erosion or hazards, excluding natural disasters. Factors to be considered shall include, but not be limited to, proximity to the shoreline, topography, properties between shoreline and applicant's property, elevation, and the history of coastal hazards in the area. ❑ Exemption 3 Those structures and uses found exempt in Table 3 (§8-27.7) (see pg. 5-6) ❑ - Letter from the Department of Public Works stating that the proposed project does not constitute "Substantial Improvement," pursuant to §8-27.2 L2a to §8-27.3 the Kauai County Code, 1987 as amended, the Planning Department hereby certifies the strucfur ) or subdivisions) as exempt from those shoreline setback determination required established 27.8, vzens Applicant's Signature l /�D 41A (A rq tt ,declare that I an the owner or owner's auth�ent oft e pxjpert (see attached Letter of Authorization) involved in this application, and that the attached information and answers herein contained and the information herewith submitted are in all respects true and correct to the best of my lclowledge and belief. llieictafiner This ssxessmant is boxed on informa4fon DroLided. Please ba awara Thar rAua is always vneerlaiMy in predktmg lha NWre shoreline eMngax, /n addldon, more than likely erosion reres wilt accelerate in IIm Nluse Que re cllmase change and anocialed rclative sea level rise, and Immaa aMivi(es, such as armoring beach sediment sources. yylinon TRUE NORTH Scale: I INCH = 30 FEET FD. V2" PIPE 5,952'61 ft. N. 1,494,10 ft, W. "PAPALIHALA'A SHADE— PA600A 6 N <Y r � N r o y►r1W' (3) WATER METERS LOT 117 UN17 A 'CANOE GLUB"C r 90 • Kki21 ROCK RAd5E r AREA O :r HOOD RO FENGE BORDER 13' ROAD WIDENING RESERYE� -• •rr Rs�E7l�1CT.Ti7:7 W3:KE RO/4D SUR�/EY OP PREPARED FOR: LOT I I S TITLE GUARANTY OF 14AMIII INC. Ld. Gt. A 1160 (Ma 2(b)PRINGEVILLE BRANGH pp' al: p P.O. BOX 223330 PRINGEVILLE, KAUAI, HI a6 22 Hanalei, Halelea, Kauai, Hawai'i RE: HORGAN TO TURLEY E5GROA #15054560 30 O 30 MARCH 41 2015 Graphic Scale in Feet I. FEATURES SHOM HEREON REPRE5ENT GONDITION5 EXISTING ON. FE13RUARY 17, 2015. fHonua Engineering, Inc. P.O. Box 851 Hanalei, HI 96714 (808J 826-7256 NOTE: 14.1 m m s (2) WATER METERS � ISCENSED tP � PROFE33IONAL * SURVEYOR * No. 14,484 , THIS UNDER MAP WAS PREPARED BY ME OR MY SUPERVISION Licensed Professional Land Surveyor Certificate No. 14,484 EXP. 4/30/Ib PROJEGT NO. 5422 — FENCE RELOCATION B SHA�E PA60�A P O F � LOT IH4895 hfKE ROAD Hanr alnc H =I. :,Hwuii n�v,a�,Poro ,ms me p i , P KEY 5 HONUA ENGINEERING, INC. Ching Young Center Ste, 7 C P.O. Box 851, Hanalei, Kauai, Hawi 96714 PH: (808) 826-7256 Fax: (808 To: County of Kauai Date: March 5, 2015 Department of Planning 4444 Rice St., Suite A-473 Lihue, Kauai, HI. 96766 Attn: Jody Galinato, Planner Subject: SMA Permit Assessment and Shoreline Setback Application —Lot 118 4895 Weke Rd., Hanalei, Kauai, Hawaii TMK: (4) 5-5-01:40 We are transmitting the following: � (1) Original Shoreline Setback Application of Subject. Remarks: New Shoreline Setback Application Form per your request. Feel free to contact me should you need any additional information. Thank you, Brian M. Hennessy, Transmittal Prepared By: Cecelia T. Villanueva cc: Monica Horgan Project: 5422.1 COUNTY OF KAUAI PLANNING DEPARTMENT 4444 RICE STREET, SUITE A473 LIHUE, HAWAII 96766 (Official Receipt) Depositor tender of this instrument shall not be considered evidence of approval or renewal Receipt Number: 29524 Shorelilne Determination No: Received from Lihue, Kauai, Hawaii, SSD-2015-35 Monica Horgan PROPERTY ADDRESS: 432 21st Street Manhattan Beach, CA 90266 Tax Map Key: 455001040 SHORELINE DETERMINATION FEE: ./VtLCYUIeP Q. 1�cuuua,/ (JAM) planninp Director or lass a€athor6�ed went 4 6 2015 $100.00 �I Check ❑Cash Check Number:.: 11446 Monday, April 06, 2015 Page 1 of 1 PLANNING DEPARTMENT SHORELINE SETBACK APPLICATION FOR OFFICIAL USE ONLY: - SSD 201 5 - S6 Acceptance Date: 6 5 fS Website Posting Date: 3" 5-fS Determination Date: 5- s 1S Plarnhig CommissionDate: F1 Expiration Date: Planner Assigned: C Instructions: File all information requested under Part A for processing the Determination of Applicability (§8-27.1), including signature page. Fill out Parts A and B if you know, due to proximity of the shoreline, that your parcel will require a Certified Shoreline Survey. If you are proposing a permitted structure or subdivision within the shoreline setback area fill in Part C. For applications involving a variance, complete Part D. A licant Informafion Applicant:, ...-Y Mailing Address: tqi, "") �, vo;-r 1. -i: c Phone: -' G f�° Applicant's Status: (Check one) ❑ Owner of the Property (Holder 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 offiling of this application. If not, Owner(s) must provide a Letter of Authorization. Authorized Agent Attach Letter of Authorization Transmittal Date: 3 —Z5-1 5 - 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 (§5-27.1) Check all that apply, fill in applicable information. Any box checked must be accompanied by additional information, photos and/or documentation. El ro eities Abutting the Shoreline Project's approximate distance from shoreline: / J ❑ Properties Not Abutting the Shoreline ElProject's approximate distance from shoreline: Additional htformation: Closest distance of improvement(s) from Shoreline is approximately it, Number of parcels and typo of improvements (roads, buildings, structures) between Shoreline and this parcel: -1- 3iosns PLANNING DEPARTMENT SHORELINE SETBACK APPLICATION FOR OFFICIAL USE_ ONLY: SSD 201 S - 3� Acceptance Date: Website Posting Date: 5 S Deterndnati abate: iS S Plmining Commission Date: N jig Expiration Date: Planner Assigned: ❑ Topography (undulating, flaC, slope, etc.) and ground elevation ofsubj cct parcel (Lowest and Highest elevations) ❑ Shoreline type (e.g. beach, dune, rocky, sandy with rocky outcropping, etc.) 1 ❑ 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)? X 5 o ❑ Has this property been subject to coastal hazards in the past? (1f checked, pleas If the proposed structure or subdivision is within the shoreline setback m•ea then, please be award that if the detet�nination of a structure is approved, the Applicant shall agree in writing that the Applicant, its successors, and permitted assigns shall defend, indemnify, and hold the County of Kauai harmless from and against any and all loss, liability, claim or demand arising out of damages to said structures from any coastal natural hazards and coastal erosion, pursuant to §8-27.7(b)(2). The requirements of the Subsection (b) shall run with the land and shall be set forth in a unilateral agreement recorded by the applicant with the Bureau of Conveyances or the Land Court, whichever is applicable, no later than thirty (30) days after the date of final shoreline approval of the structure under §8-27.8. A copy of the recorded unilateral agreement shall be filed with the Director mid the County Engineer no later than forty-five (45) days after the date of the final shoreline determination and approval of the structure and the filing of such with the Director shall be a prerequisite to the issuance of any related building permit. §8-27.7(b)(6). Applicant's Signature Signature Date Setback De�rmin�ti�r fineclayssary. Requirements of Ordinance No. 979 are applicable. nr� Date -2- a�as�u PLANNING DEPARTMENT SHORELINE SETBACK DETERMINATION If Part A has been deemed that a Determ nation will be necessary, the additional infonnafion w ll 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 `VE' flood zones- (B) The proposed structure or subdivision is located at an elevation which is thirty (30) feet above sea level or greater; (C) The applicant can demonstrate to the satisfaction of the Planning Director that the property is clearly adjacent to a rocky shoreline and that it will not affect or be affected by coastal erosion or hazards; and (D) The shoreline setback shall be sixty (60) feet from the certified shoreline which has been established not more than twelve (12) months from the date of the application for the exception under this section. ❑ Exemption 2 In cases where the applicant can demonstrate to the satisfaction of the Planning Director that the applicant's proposed structure or subdivision 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 hmprovement," pursuant to §8-27.2 under County Code, 1987 as amended, the Planning Departtnent hereby certifies the Ision(s) as exempt from those shoreline setback determination requiremenCs Date -3- 3rosns Fs m Jan Miner f? >uYe:e: Permit Letter %tScr March 23, 2015 at 1:55 PM Lo. ken den ton �s. _ f r o im Hi, Ken, Attached is the authorization letter for the permit. Please let us know if it comes through OK. We've been doing some research at Home Depot on counter tops. The one we like best is not silestone but viatera. I guess we will have to find out if that is available in Kauia. There are decent silestone options, as well. Thanks' far€h2i, Zi31� ivattnty� vF:{altai Plana tag arac€Iit193tIin 7epat-tment t3.a•Yu�#i �3ear sir flr i4taLlam, ks eaxnea•af kiahuna �?,anteizen Uni �43, dlaa, Tiatt4a, F authar4ze Kenneti: i3entr�n to represent me as my cQnEractar fo. [he �aurgtose of preseessing the hutd"€ng p�r�rii for renovat74n tithe unit, Best regards, Richarc' $ Kner Vic: Xat#tea,nr; Fend?er Bernard P. Carvalho, Jr. Mayor Nadine X. Nakamura Managing Director IIEPARTMENT QF PUBLIC WQRKS County of Kauai, State of Hawaii 4444 Rice Street, Suite 275, UhWe, Hawai"i 96766 TEL (808) 241-4952 FIAX (808) 241-6604 April 13, ?415 hen Denton 4247 Punee Road Koloa, TIT 96156 Larry Ulm, P.E. County Engineer Kyle Taha#a DePut3' county Engineer Subject: SITCtRELINE SETBACK. SUBSTANTIAL IMPRC)VEFNT DETBRIVIi1�TATI(?2d TMK: (4) 24-417426 Kiahuna Plantation Building No. 30 Llear Mr. Denton, The Kauai County Shoreline Setback and Coastal Protection Ordinance {Ordinance No. 979) Section 8-27.2 defines substantial improvement as follows: " `Substantial improvement' means any cumulative series of repairs, reconstruction, improvements, or additions to a structure over aten {i0) year period, where the cumulative cost equals or exceeds fifty percent (50%) of the market value of the structure before the start of construction of the first improvement during that ten (10) year period. For the purposes of this definition, substantial improvement is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure." The Department of Public Works Engineeriuzg Division has reviewed the proposed improvements described in BP No. 15-0808 and has determined that the proposed improvoments do not constitute a substantial improvement. A summary of the calculations follows. lvlarkzt Value There are six units in Kiahuna Plantation Building No. 34. The first parnlit v,7thirr the past 14 years, BP Na, 47-OS$4, was approved in 2443 fix Unit 192. Therafnre, the market value used in the calculations is the Replacement Cost New Less Depreciation (RClv'LD) value in 2007 for the structure as determined by the County's Real Property Assessment Division. The RCNLD was determined to be $4,426,8W Mr. Ken Denton Stibstantial lnmitrovement Determination for Kiahuna I3uildiog 30 f\pril 13, 2015 Cost of improvements fhe total cost of improvements is summarized as follows: BP No. 07-0580 $6,000 I3PNo. 13-2978 $355000 13P Na. 15-0808 $294000 Total Cost $70,000 Stttnrnu�• The cost of improvements compared to the market value is summarized as follows; Cost of Tmprovemen#s {past l0 years}: �70,000 *Market Value Real Pro = 0.416or l.6% { Property): $4,426,800 Since the total cost does not exceed 50°f° of the market value, the improvement is not considered to be substantial Based on our records there were no other permits for the structure within the past ten years. However, if any unpermitted work has been done, or if there are modifications to this application, our determination shall be considered void and the structure must be re-evaluated for substantial improvements. If you have any quesiions or need additional information, contaot Stanford Iwamoto at (808) 241-4896 or siwamoto@kauai.gov. kauai.gov. Sincerely, MICHAF M TILE, P.F. Chief, Engineering Division SI Copy: Design and Permitting CUSTOM CREATIONS Ken Denton 447 Punee Road, Koloa, Hawaii, 96756 Cell (8o8)-63y-4006 Fax (8o8)-742-gt7i dentonkooi@gmail.eom General Contracting LIC #BC 18o14 PROPOSED SCOPE OF WORK Date: 2 - 28 45 CLIENT: Jan and Scott Kilner PROJECT: Kiahuna Plantation unit # 193, c/o Castle resorts, 2253 Poipu rd. Koloa, 96956 TMK # 4-2-8-017-026-ot64-� Renovation of kitchen, hall and bath as described to existing layout and up date interior finishes. Kitchen; remove cabinet pass thru over sink counter and freestanding wall, lower bar to one level peninsula relocate power outlets and lite switches as needed, replace over head lifting with pendants. patch and repaint wall to match. Install all new cabinetry, stone counter tops, sink, and appliances to existing layout. Vanity / Bath; replace vanity cabinet, counter, sink, mirror to existing layout replace fluorescent lighting with recessed cans, replace vent fan. turn toilet go'toward door to give more room to access shower, rework door into pocket door. Shower, replace fixture, re tile shower, re tile floors in bath hall and kitchen. Thank you for your business, Ken Renton i LP 0 Lk �. IFi I! ®®� �®c.$ !� n� _ry � e v r 1 r s �, T ��[��C�.y�ilc-�'i All dimenstons size designer ns � Th s s ginaL design and must � I D igned: 3/18/201.: green are subject to venficaLon on ciao s , not be released or copied unless P mtad: 3/l9/2015 job site and adjustment to fit job ( applicable fee has been paid or job conditlons. order placed. KIAII[7NA793 � All LDrawing #: 1 No Scala, JJ PLANNING DEPARTMENT SHORELINE SETBACK APPLICATION SSD 201 S ,7 Acceptance Date* Website Posting Date: $ I Determination Date: $ (Sp Planning Commission Date: ob lr Expiration Date: Planner Assigned: (1 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. chatrt Applicant: folem.% 4 TWiG ioffnbkor - Address: / ,7 1 /,►n Gvi I'1'✓C Phone: log. 52q. %/l Spl1 /ttG✓ 3o Email: R� / Y, Ap licant's Status: (Check one) Owner of the Property (Holder 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 filing of this application. If not, Owner(s) must provide a Letter of Authorization. ❑ Authorized Agent Attach Letter of Authorization Transmittal Date: /%ureA it ZI / i County Zoning District: DOGn Tax Map Key(s): Of �/ S 3 - 00 - O 919 -it Area: 2G btlp S Nature of Development: Cmi{,µEh �� /Z6 z�Gvr'/7�% X I �(As4 ./ x /B"�' (Description of proposed rock WA1/ A"ot CiYI +Pme/l'r*— OA /04(9� G/urn/trt Structure of subdivision) eAt I)n OACi. 4.7LQ ok QtYYG4/ NO PERMITS WILL BE ISSUED WITHOUT PLANNING COMMISSION ACCEPTANCE, EXCEPT AS PROVIDED IN SO-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 �✓j Project's approximate distance from shoreline: M0 (/Slf (fie e4PyA",K1* &14vlle dGirlik plcAot ❑ 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: vzbiu PLANNING DEPARTMENT SHORELINE SETBACK APPLICATION �4k4 t�k SSD 201 S - 37 Acceptance Date: ) Website Posting Date: S s117 Determination Date: Plaiming Commission Date: 6JI2 S Expiration Date: Planner Assigned: mi Topography (undulating, flat, slope, etc.) and ground elevation of subject parcel (Lowest and Highest elevations) --------------------------- f67a f Shoreline type (e.g. beach, dune, rocky, sandy with rocky outcropping, etc.) .. --'—'---------- UAC ❑ 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)? V� Has this proncriv been subiect to coastal hazards in the nasti (If checked_ A/o ', 46ci� of f'rri iy .. ' Are,C Zryct V& if the proposed structure or subdivision is within the shoreline setback area then, please be aware t'haY if the determination of a structure is approved, the Applicant shall agree in writing that the Applicant, its successors, and permitted assigns shall defend, indemnify, and hold the County of Kauai harmless from and against any and all loss, liability, claim or demand arising out of damages to said structures from any coastal natural hazards and coastal erosion, pursuant to §8-27.7(b)(2). The requirements of the Subsection (b) shall run with the land and shall be set forth in a unilateral agreement recorded by the applicant with the Bureau of Conveyances or the Land Court, whichever is applicable, no later than thirty (30) days after the date of final shoreline approval of the structure under §8-27.8. A copy of the recorded unilateral agreement shall be filed with the Director and the County Engineer no later than forty-five (45) days after the date of the final shoreline determination and approval of the structure and the filing of such with the Director shall be a prerequisite to the issuance of any related building permit. §8-27.7(b)(6). Applicant's Signature ;>{ahmre U Date ne_i TI+ edmt d Plaeirii tsrr�tJ , Setback D.Wrmin tion �cessary. Requirements of Ordinance No. 979 apply, submit full application or 2R6/LS PLANNING DEPARTMENT SHORELINE SETBACK APPLICATION If Part A has been deemed that a Determination will be necessary, the additional information will be required for submission of this application. Part B Exemption Determination ❑ A non-refundable processing fee of one hundred dollars ($100.00) shall accompany a request for determination. (§8-27.8(e)) ❑ Exemption 1 Incases 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. L1J Exemption 2 In cases where the applicant can demonstrate to the satisfaction of the Planning Director that the applicant's proposed structure or subdivision will not affect beach processes, impact public beach access, or be affected by or contribute to coastal erosion or hazards, excluding natural disasters. Factors to be considered shall include, but not be limited to, proximity to the shoreline, topography, properties between shoreline and applicant's property, elevation, and the history of coastal hazards in the area. ❑ Exemption 3 Those structures and uses found exempt in Table 3 (§8-27.7) (see pg. 5-6) ❑ Letter from the Department of Public Works stating that the proposed project does not constitute "Substantial Improvement," pursuant to § 8-27.2 to §8-27.3 the Kauai County Code, 1987 as amended, the Planning Department hereby certifies the structure(s)�,gr subdivisions) as exempt from those shorehne setback determination required established 2/26/li HARVEY COHEN a March 25, 2015 VIA FIRST-CLASS MAIL Jackie Alvarez County of Kauai Planning Department 4444 Rice Street, Suite A473 Lihue, HI 96766-1326 Re: Shoreline Setback Application Barnet and Julie Feinblum 3529 Anini Road Kilauea, Kauai, Hawaii 96754 Tax Map Key No. (4) 5-3-004-030 Dear Ms. Alvarez: ESQ. '15 h1A 30 Further to your email correspondence dated March 3, 2015, attached is the completed Shoreline Setback Application, along with a Google Earth Map depicting the location of the proposed lava rock wall approximately one hundred and ninety feet (190') from the shoreline. On behalf of the Feinblums, I look forward to hearing from you after you've completed your review of the subject Application. In the meantime, should you have any comments or questions in these regards, please do not hesitate to contact me. Sincerely, Harvey L. Cohen HLC/hs _ enclosures c: Barnet and Julie Feinblum (via email)(w/o encl.) hcohenatty@aol.com • 808-826-4226 phone • 808-826-4227 fax 5-2480 Fuhio Highway, Princevffle Center, Suite B207 •Send mail to: P.O. Box 223755, Princeville HI 96722 5a_ o Z0P'Ze, n 1Ava P064L -k/all f 115; Oro to INN r AWIuj DUNG 1 FeACD) t.,- SITE PLALN _ I .T WIVEX AygucF .I. FIRJSCIZDU�CS, VC4 ...0 fGUAin'.GU PLAN. FIRsr FI.MR FRAMINGLC NOT FOR CONSTRICTION r ,LAM, .alas As-BUA DrrvM).gs ONLY &6t ks Io.Ee+'Cefbfed by Lkeiued Lend Surveyor ' i. ...,es crAl Ls W U 0 r a- i► Proposal Customer: Barney FE7/VVIG111 I 3529 Anini Beach rd. Kilauea HI 96754 Moss rock wall in front of property. Free standing wall M.Koli Masonry Contractors Lic. #c-30221 Moleni Koli (808)346-0579 (808)330-7850 Wall starts from the far left of the property pin and runs 1 1 ft., there will be a Oft opening for a walkway. Wall continues on for 108ft. and curves to the first column of the driveway. 2nd column along with wall continues on opposite side of the driveway entrance, wall being 7ft. long. TOTAL OF WALL ITSELF: 126ft.(long)x3ft.(height)xI8in. (Width) Two faced wall, Rock cap Footing at 2ft wide and 16 inch deep TOTAL OF COLUMNS: 2 Columns, 1 on either side of driveway 5ft.(height)x2ft(width) each. 4 faced column Footing at 3ft. wide x 18 inches deep Rebar mesh and uprights As agreed upon project, there will be three payments. First payment of $12,000 will be collected for materials and expenses for starting of job. Second payment of $5,000 will be collected once the initial wall is completed. Final payment of $5,000 will be collected once columns are completed. Total of $22,000 Customer siqnature/ Date Contractors signature/Date PLANNING ING DEPARTMENT H€ RELINE SETBACK APPLICATION FOR OFFICIAL ]USE — ONLY: SSD 201 � 3 Acre tDee Date: Website Posun g Date: S LS Dcterminaiioo Date: Planning Commission Date, 5 Wh21W rave shoo Datc: Planner Assic ned: lltstt actions: Pile a 1 itliarnaal on req ested undef Pmt A for processing he Detorinma on of Applioabi4ity {§8-27.1), including signature page. Fill out Parts A and E if you ]snow, due to proximity of the shoreline, that your parcel will require a Certified Shoreline Survey, If you are proposing apermitted structure or subdivision within the shoreline setback area fill in Part C. For applications involving a variance, complete Put D. __ Atpficaut Information NO Applicant: �Aa its f$ox Mailing Address: �' d� 13°l. Phone: jlj' '7 4 - l o of fa7�:vn m 1 �#toi9fa Email: peivttfss woc.yntffi Ap I otat 's Status (Ch& A one) L.gavt Owner of Property '. (Holder of at least 75Vo of the equitable and Legal title) ❑ Losses of Property Lessee must have an unexpired a,nd. recorded :ease of fiw (S) years or more from the date of lilcng oft1ia rheation, 1Puot, Owner{s) must .aovide aLeast of Authorization. AuihotizedAnent Attach LztteroP6iuthntixaeiort Transmittal Dater j t __ _ Pr4'eotinformation anac6.addaionvsheet.ifnecessaty) County Zoning Di^trice: �,-; -f Tax Map Key(s)i � in -g p � O ={ Land Area: RIG�tE Nature of Development: ! p, t � ssr C�mn cslr @tiSkin Y., tRtvnC.w g iSic}G. (Description of proposed y p } ��0� r0.V3G structure or subdivision) i ` PE,R-NUTs wII,i, BE4 zssr>=D uTrROvr PLANNING ctaMivUssaov ACCEPTANCE, EXCk:PT As PREiV�EI3 a� g�-z7s{�)ts) Part A Shoreline Setback Determination of Applicability (y§8-27,1) Check all that apply, f[ff in applicable information. Any box checked must be accompanied by additional information, photos and/or. documentation. ❑ Properties Abutting the Shoreline Q project'sapproximate distance from shoreline: Properties Not Abutting the Shoreline Q Pro)ect's approximate distance from shoreline: `rc) ❑ Addiflonaf Infennation; ❑ Closest distance of improvernerals) from Shoreline is approximately 3 (0 0 flu. Q Number of parcels andtype of improvements (roads, buildings, structures) between Shoreline and this pat 12 :irsr� PLAN i INGDLP-ARTNm�NT SHOREL1N i S ETmac APPLicATIO FbR.(3FFiCIAL USE ON,.. _ SSD 20T S _ 3 Acce tazuoDate: $ 511 lvelsiie Postirb IIaEe: S s 1 Detera)iiiatioi� [late: P1unn,In Commillssion Date: $ 1S S 12 s Ea iration Date: F,lannc:. Assi ed: Topography {ucdadaC-iug, flat slcs,aodground elevation oLsubjeotpaicel (i.oWesland At t est clevatiore) ve- � Shorefiue hype (e.g; beach, Butte, rocn7, sandy witkt roc(.ry ou2oropping etc,) i�.rfi'fioiaity asutored Shoreline Li if chucked, what type of armoring (a,& seawall, r'ev mnont, bullcbead); El is the armoring pertuitLedr Curl oticed? ❑ Date of cuthat zation (attach copy oFauChortzution letter): [ Ss piopacty in coastal floodplaua (if chocked what zomi) _ Q Has this property been subject to coastal hazards in the na M tre:>t,Pnt<�.+. LP'ihe propnse¢ snalotuto oe subdivision is within tlxe SdZoseiino seClaaok arcathen; laLease be aware ihat if the detetrnina4ion ofa sCruature 7sapprovcd, lire Applicant shad ngree In wtiiing that the Appheant, its successors, earn permitted ass ns shall dahund, indanrmfy, and hold she County of Kauai harrutess flora and against soy slid all lass, liability, claim or demand adising mtt of damages to said structaras from any coastal naturalhazards and coastal eiosion, ptuseantto §S 27:7(b)(2). The requn'euients of the Subsection (b) shalt run withthe land and shalt be set Earth in a unilateral avreourcat recorded by Use applicant with the Bureau of L.onvcyattc s at the Land Count, whichever is applicable, no later than thirty (30) days after the date of final sherelina approval of Yore skcuctivre under ti8-27,8. A copy of the recorded unilateral agreement shall be Sled with the Director and the County Urepater na later that, forty five (45) days after Tho date o f ibe finial shorelmo determination and approval of lire stractwr. and the filing of svah with the Director shall be aprerequisite to the+.issamice of any related building permit. Applicant's Sighutuxe PLANNING DEPARTMENT submission ubis io as this deemodthat a I7atenn nn on wIIi bo neoessary, t sc a0 litiopatin�forun atior will bo required %r sttbm[ssiotaofthisa}t}�lication. Part B Exemption Determination A nag -refundable processing fee of one hundred dullaes ($100.00) shell accompany a request for determi nadolti (§3-2T8ln)) ❑ Exemption t in cases where the proposed structure or subdivision, satisfics'IN following spur crimr1u: (A) fit cases where the proposed sh noture or subdivision is loomedomside of tho.Pederal Emergency Management Agency (FLMA) Flood Insurance Kate Map (MRIA) "V or `VE' flood zones; (B) The proposed structure or subdivision is located at an elovation which is thirty (30) feet above sea level or greater; (C) The applicant can demonstrate to &,e satisfaction of the Planning Diva that the property is clearly adjacent to a rocky shoreline and that it will not aftbet or be affected by coastal erosion or Hazards, and (D) The shoreline setback shall be sixty (60) feet E*om the certified sh<rrdine winch has been established not more than twelve (12) months from the date ofthe application for fhe exception wider this section_ Exemption 2 - It. cases inhere the applicant can demonstrate to the satisfaction of the Emitting llheetor that the applicant^s proposedstruetue or subdivision will not affect beach processes, impact public beach access, or be affected by or contribute to coastal erasion or hazards, excludutgnatural tiisastors, Factors to be considered sbu l include, but not be limited to, proximity to the storeline, topomnphy,.propert:ies bchvem shoreline and applicant's property, elevation, and the itistur, os`eoastal hazards in the area. Exemption 3 L nose struawres anduses found exempt inTable 3 (,§8-27,7)'(sea pg. 5- ) �! Ictux ft�orn the Department ofPublic Works sttaing that The proposed project does not co sutut:.e "Sibstanhal improvemem," pursuant to §8-27,2 _ I+ ezn #ioa Determination (to be rani I tod my" `"'amng pe$inr'Y+nrnt) Pursuant io st8-27.3 the i4ana`i CeuuffCode,1987 as amended, the I'lttnning Deparnzien` hetehy cartiFes i;hc pr oci strut a{s) pr so -a ns tmos) as exempt fi om thasc shoreline setback detertnirw.tion requirements i,.�, k 3;o:lu _.W. _ COUNTY OF KAUAI PLANNING DEPARTMENT 4444 RICE STREET, SUITE A473 LIHUE, HAWAII 96766 (Official Receipt) Depositor tender of this instrument shah ', not be considered evidence of approval or renewal Receipt Number: 29640 Shorelilne Determination No: Received from PROPERTY ADDRESS: Tax Map Key: 416006044 Lihue, Kauai, Hawaii, SS D-2015-38 Mary Hayes 4471 A Alawai Rd Waimea, HI 96769 5 5 2015 SHORELINE DETERMINATION FEE:._. $100.00 .n��e a. � f�lernnfn� ilireetc�r ar f�%s r�utharr`zea� ager:t (JAM) ❑� Check ❑ Cash Check Number:' 156' Tuesday, May O5, 2015 Page 1 of 1