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Home My WebLink AboutSeptember142015SSDwebpostingsPLANNING DEPARTMENT SHORELINE SETBACK APPLICATION FOR OFFICIAL USE ONLY: SSD 201 - Z Acceptance Date: q j Website Posting Date: Determination Date: i0 (J Plmining Commission Date: Expiration Date: 9 10 20 Ic Planner Assigned: Instnictions: 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 apermitted structure or subdivision within the shoreline setback area fill in Part C. For applications involving a variance, complete Part D. Project A llicant Informafimr Applicant: choro'S COI' Mailing Address: Applicant's Status: J Sj C 1 LeX beVeY-}sj (Check one) 1 nQ i-Ofl Rd Ri IS CA 9C2le Phone: 0` -LC " `L'?S 5 Email: [j 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: Information (attach additional sheets, if necessary) County Zoning District: U LF� Tax Map Key(s): 0— O11 — O Land Area: -I 4- 09is Nature of Development: C{)t fUf- onc repiCtCcrni,>nt O-F f(re. (Description of proposed structueorsubdivision) d(IMCiC)ed aren NO PERMITS WILL BE ISSUED WITHOUT PLANNING COMMISSION ACCEPTANCE, EXCEPT AS PROVIDED LV §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. (•� Properties Abutting the Shoreline II a Project's approximate distance from shoreline: ❑ Properties Not Abutting the Shoreline ❑ Prgject's approximate distance from shoreline: ❑ Additional Information: I [R- Closest distance of improvement(s) from Shoreline is approximately �� ft. [Sr Number of parcels and type of improvements (roads, buildings, strictures) between Shoreline and this parcel: 1- 3/OS/15 PLANNING DEPARTMENT SHORELINE SETBACK APPLICATION FOR OFFICIAL USE ONLY: SSD 201 : 2(Q Acee tance Date: 1 0 1$ Website Posting Date: 11 / Determination Date: q 10 1 Planmng Commission Date: A' Expiration Date: to j Planner Assigned: Topography (uwdulating, flaC, slope, etc.) and ground elevation of subject parcel (Lowest and Highest elevations) Fln -, 'ti (U' AkMS L •ti 2- ' AMS L� , ®' Shoreline type (e.g_ beach, dune, rooky, sandy with rocky outcropping, etc.) ------------------------------- Sandy mkt-h Scmt rocks ❑ Artificially armored Shoreline ❑ If checked, what type of annoring (e.g. seawall, revetment, bulldiead): ❑ Is the armoring permitted/authorized? ❑ Date of authorization (attach copy of authorization letter): ® Is property in coastal floodplain (if checked, what zone)? ❑ Ilas this property been subject to coastal hazards in the past? (if checked, p j Unk-ncwn 1 tQcit-�-c m>J 1kncLm1tdgfi If the proposed structure or subdivision is within the shoreline setback area then, please be aware Chat if the determination of a structure is approved, the Applicant shall agree in writing Yhat the Applicant, its successors, and permitted assiens shall defend, indenmify, 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 Fngineer 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 width the Director shall be a prerequisite to the issuance of any related building permit. §8-27.7(b)(6). Applicant's Signature Signahrre Setback Date lrc necessary. Regiurements of Ordinance No. 979 axe applicable. ��1� ��IIFu�► 3iost�s PLANNING DEPARTMENT SHORELINE SETBACK DETERMINATION If Part A has been deemed that a Determhration 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 hunched dollars ($100.00) shall accompany a request for determination. (§8-2Z8(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. ❑ 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_ UV Exempfion 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 constihrte "Substantial ImpravemenY," pursuant to § 8-272 Exemption Determinaiion (to be completed by Planning Department) Pursuant to §8-27.3 the Kauai County Code, 1987 as amended, the Planning Department hereby certifies the proposed structure(s) or subdivision(s) as exempt from those shoreline setback determination requirements established under § 8-27.8. OPlannina DirectorV desapee D e 3- 3/�5/15 Bernard P. Carvatho, Jr. Mayor Nadine K. Nakamura Managing Director DEPARTMENT OF PUBLIC WORKS County of Kauai, State of Hawaii 4444 Rice Street, Suite 275, Lihu`e, Hawaii 96766 TEL (808) 241-4992 FAX (808) 241-6604 July 28, 2015 Nathan Wood 6495 Kuamo'o Road Kapaa, HI 96746 Subject: SHORELINE SETBACK SUBSTANTIAL IMPROVEMENT DETERMINATION TMK: (4) 5-8-011: 013 05-7132 Kuhi`6 Highway Charo's Dear Mr. Wood; Larry Di11, P.E. County Engineer Lyle Tabata Deputy County Engineer PW 07.15.059 The Kauai County Shoreline Setback and Coastal Protection Ordinance (Ordinance No. 979) Section 8-27.2 defines substantial improvement as 'any cumulative series of repairs, reconstruction, improvements, or additions to a structure over a ten (10) year period, where the cumulative cost equals or exceeds fifty percent (50%) of the market value of the structure before the start of construction of the first improvement during that ten (10) year period. For the purposes of this definition, substantial improvement is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure." The Department of Public Works Engineering Division has reviewed the proposed kitchen improvements for TMK 5-8-011: 013 (Charo's) and has determined that the proposed improvements do not constitute a substantial improvement. A summary of the calculations follows. Market Value There were no other building permits issued in the last ten years for this building. Therefore, the market value used in the calculations is the Replacement Cost New Less Depreciation (RCNLD) value for the structure as determined by the County's Real Property Assessment Division. The RCNLD is $525,400. An Equal Opportunity Employer Nathan Wood, General Contractor Substantial Determination for Charo's July 28, 2015 P'V 07.15.059 Cost of Improvements The total cost of improvements for the structure is $116,000, as provided in an estimate by Nathan Wood, General Contractor, dated July 8, 2015. %F The cost of improvements compared to the market value is summarized as follows: Cost of Improvements (past 10 years): $116,000 *Market Value (Real Property): $525,400 — 0.221 or 22.1% Since the total cost does not exceed 50% of the market value, the improvement is not considered to be substantial Based on our records there were no other permits for the structure within the past ten years. However, if any unpermitted work has been done, or if there are modifications to this application, our determination shall be considered void and the structure must be re-evaluated for substantial improvements. If you have any questions or need additional information, contact Stanford Iwamoto at (808) 241-4896 or siwamoto@kauai.gov. Sincerely, MICHAEL MOULE, P.E. Chief, Engineering Division SI Copy: Design and Permitting N A(Eq`Fq ROq� / 24 _5„ , DISTANCE TO PROPERTY BOUNDARY / FIRE AGED AREA i O`er O`er / r /C�v k'INVO H/G�ywq Y 1 1 ss, 94'-9" SITE PLAN SCALE: 1/4" = 16' 0 i6' 32' 64' SCOPE OF WORKS 1) INCLUDES 1:1 REPLACEMENT OF EXISTING DAMAGED FRAMING SO AS TO ALLOW RESTAURANT OPERATIONS TO CONTINUE. 2) INCLUDES REPAIR AND/OR REPLACEMENT OF DAMAGED FRAMING, DRYWALL, AND ROOFING AT TWE KITCHEN AND HOOD AREAS ONLY. 3) SEE MECHANICAL PLANS FOR RANGE HOOD DETAILS, ASSEMBLY AND SPECS, EXHAUST HOOD DETAILS, ASSEMBLY AND SPECS, AND FIRE RATINGS ALONG WITH FIRE SUPPRESSION SYSTEM SPECS. 4) SEE ELECTRICAL PLANS FOR ELECTRICAL REPLACEMENT WORK. 5) ALL DIMENSIONS TO BE FIELD CONFIRMED. 0 IRON WOOD TREES ACFq�Fq RpgO � 7AC �� J tV / O� / HWq SITE PLAN SCALE: 1/4" = 16' 0 16' 32' 64' PALM TREES 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 or renewal Receipt Number: 31065 Shorelilne Determination No Received from PROPERTY ADDRESS: Tax Map Key: 458011013 Lihue, Kauai, Hawaii, 9 10 2015 SSD-2016-26 Charo Rasten 5-7132 Kuhio Highway Hanalei, HI 96714 SHORELINE DETERMINATION FEE: $100.00 .n��e a. � __. Planning ii6reetor or his authorized agent (JAM) C7 Check ❑ Cash ........._..._ Check Number:. 1079', Thursday, September 10, 2015 Page 1 of 1 c LANNING 4EPARTAUNT M 61 APpLicAj3LE FOR OFFICIAL USE ONLY: SSD 201 ce Date: a Date: on Date:on =D*tomnationDate: Date:oa Date:ssigned: Inshuctions: File all informai on requested under Part A For processhi0 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 r rlicant Irtk'ormatimt Applicant: �-e- gk I g q? S'i MQI y�� (JOT ?&mj L L ter Mailing Address: 0 . �jv "C { I Phone: J qt s GUr1&W Q^%'A 6,114 Email: 1L�u rJd�ECMC.'�Psi Ci.Y� oCOuvt A lieant's Status: (Check ono) Owner of the Property (Holder of at least 75% of the equitable and legal title) -❑--- -Lessee-of the -Property---- _Lessee.masthave_anunexpired-and_recorded-lease-offive (5)_years or_ more faoin the Authorized Agent date of filuig of Phis a plication. If not, Owner(s) must provide a Letter of Authorization - Attach Letter I of Authorization Transmittal Date: I�10 PERMITS dVILL BE ISSUED dd'ITHOUT PLAi�11VI1®rG COMMISSIOtV ACCEPTA19rCE, ExcEPT AS PR®vIDE� Ilv §s-z7.s(�)(s) 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: a Properties Not Abutting the Shoreline / Project's approximate distance from shoreline: ❑ Additional Information: ❑ Closest distance of inrprovement(s) Rom Shoreline is approximately ft. ❑ Number of parcels and type of improvements. (roads, buildings, struchu'es) between Shoreline and this parcel: -1- FOR OFFICIAL USE ONLY: SSD 201 Acceptance Date: Website Posting Date: Determination Date: Plamting Corrunission Date; E nation Date: Plrumer Assigned: Topography (undulating, flat, slope, etc.) and ground elevation of subject pazceI (Lowest azid Highest elevations) lea �-�,- ❑ Shoreline type (e.g-beach, dune, rocky, sandy with rocky outcropping, etc.) ❑ Artificially armored Shoreline ❑ If checked, what type of umoriug (e.g. seawall, revetrnent, bulkhead): ❑ Is the amiorut¢ uentitted/authnri�r:rl7 Is property in coastal floodplahi (if checked, what zone)? Has fltis prop ertybeen subject to coastal hazards iu fhe n� If the proposed structure or subdivision is witlrni fhe shoreline setback area fitetr, please be awaze/that if th ®determination of a stntcture is approved, the Applicant shall agree in writhig that the Applicant, its successors, and permitted assigns shall defend, indeumify, and hold the County ofKana`i haruiless from and against any and all loss, liability, claim or demand arising out of damages to said shuctures from any coastal natural hazards and coastal erosion, pursuant to §8-27.7(b)(2). The requirements of the Subsection (b) shall tun with the land and shall be set forth in a unilateral as Bement recorded by the applicaztt with fire 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 stmchtre under §8-27.8: A copy of the recorded unilateral agreement shall be filed with the Director and the County Engineer no Iafer than forty-five (45) days after lire date of the fatal shoreline determination and approval of the stmcture and the filing of such with the Director shall be a prerequisite to fhe issuance of any related bnilduzg permit. §8-27.7(b)(6). Applicant's Signatur a Signature �— ❑ Setback Determination necessary. Requirements of Ordinance No. 979 are applicable. Director or 2- LETTER OF AUTHORIZATION July 9, 2015 Planning Department 4444 Rice Street, Suite A473 Lihue, Hawaii 96766 Re: Zoning and SMA Permit Compliance Submital Hanalei Taro Farmers Market and Wishing Well Shave Ice 5-5070A Kuhio Highway Hanalei, HI 96714 Dear Planning Department, Please let this letter serve as my Authorization for Keola Sheehan of Hanalei Land Company LLC to submit and process the necessary on ng and SMA Permit Applications as my Property Manager and Agent. Sincerely, Patricia Wilcox Sheehan, Manager Halele' a Investment Company LLC