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HomeMy WebLinkAboutAugust2017ShorelineSetbackDeterminationApplicationsPLANNING DEPARTMENT SHORELINE SETBACK APPLICATION '. FOR OFFICIAL USE ONLY: SSD 201 - Acceptance Date: Website Posting Date: V _�1 Determination Date: Plannin Commission Date: Imm E iration Date: ssi ed: Planner Assign 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 ►icant Information >. Applicant: Leontine LLC c/o Cogent Designs Address: P.O. Box 617 Phone: 808-652-0015 Kapaa, HI Applicant's Status: (Check one 96746 Email: ion co entd.com ❑ Owner of the Property Lessee of the Property �X Authorized Agent (Holder of at least 75% of the equitable and legal fitle) 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: 21 July 2017 Project Information (attach additional sheets, if necess ) County Zoning District: Open Tax Map Key(s): 5-5-003:006 Land Area: 177221 sf Nature of Development: (Description of proposed Structure of subdivision Replacement of existing and addition of new gates along Wake Rd. and beach facing property lines. NO PERMITS WILL BE ISSUED WITHOUT PLANNING COMMISSION ACCEPTANCE, EXCEPT AS PROVIDED IN §8-27.8(c)(8) Part A Shoreline Setback Determination of Applicability (§8-27.1) Check all that apply, fill in applicable information. Any box checked must be accompanied by additional information, photos and/or documentation. X❑ Properties Abutting the Shoreline X❑ Project's approximate distance from shoreline: 165' ❑ Properties Not Abutting the Shoreline ❑ Project's approximate distance from shoreline: ❑ Additional information: ® Closest distance of improvement(s) from Shoreline is approximately 165 ft. © Number of parcels and type of improvements (roads, buildings, structures) between Shoreline and this parcel: I, Waioli Beach Park lies between the Shoreline. subject parcel and i i vzcus PLANNING DEPARTMENT SHORELINE SETBACK APPLICATION .;.FOR OFFICIAL USE ANLYc SSD 201 Acceptance Date: Website Posting Date: Determination Date: Planning Commission Date: Ex iration Date: Planner Assigned: ❑ Topography (undulating, flat, slope, etc.) and ground elevation ofsubject pazoel (Lowest and Highest elevations) 'I, Subject parcel is relatively flat. i ❑ Shoreline type (e.g. beach, done, rocky, sandy with rocky outcropping, etc.) A djacent Shoreline is sandy beach, I ❑ 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)? "XS' ❑ Has this, property been subject to coastal hazards in theft? (If checked,_ If the proposed structure or subdivision is within the shoreline setback area then, please be awaze 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). Applicant's Signature Signature Date Setback Dete to 'on nece�sgary. Requirements of Ordinance No. 979 apply, submit full application. Date 2 zn��s 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)) ❑ Exempfion 1 In cases where the proposed structure or subdivision safisfies the following four criteria: (A) In cases where the proposed structure or subdivision is located outside of the Federal Emergency Management Agency (FEMA) Flood Insurance Rate Map (FIRM) `V' or `VE' flood zones; (13) The proposed structure or subdivision is located at an elevation wbicb 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 .8. coae, tys i as amenaea, me rtannmg vepartment nereny cemnes the as exempt from those shoreline setback determination required established Date zixens 5380 Weke Rd. Gate /Fence Repairs SITE ADDRESS: 5380 Weke Road Hanalei, Kauai, HI TMK #: 5-5-003:006 WAIOLI BEACH PARK IXIST. 6M FENCE TO RE - CNAIN LINK FENCE TO REtWN IXIST. TPNK IXIST. 6'd 1 NEKMt CHAIN LINK FENCE REPLACE IXIST GAtE W/ NEW I GATE AND ADl PA55AGE GATE 10'Rear SeWatic - REPLACE IXISTMG LlMIN LIKK Pl56AGE GATE W/ NBN IPE SLIOPY. GATE, R@IWE SEiTIfM OF IXISTING CHAIN VN'. FENCE AS REdD. IXIST. 6'-0' WA%. NEKilIi CHAR! LIIE: FBICE t0 REMAIN W E K E R O A D nNc. Plot Plan PLANNING DEPARTMENT SHORELINE SETBACK APPLICATION FOR OFFICIAL USE ONLY: SSD 2015� - Acceptance Date: Website Posting Date: , 17 Determination Date: Plarming Commission Date: Expiration Date: . l —1 y Planner Assigned: Instructions: File all information requested under Pant A for processing the Determination of Applicability (§8-27.1), including signature page. Fill out Parts A and B if you know that your parcel will require a Certified Shoreline Survey, due to the proximity to the shoreline. 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 Iicant Information Applicant: 1E11 Mailing Address: CeblALip Applicant's Status: (Check one) �{ ; q Q J3 76146 Phone: Email: ,�,,j 4— KEWCVp W C7MA1L6Cw a 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, Owner(s) must provide a Letter of Authorization. Attach Letter of Authorization Transmittal Date: NO PERMITS WILL BE ISSUED WITHOUT PLANNING COMMISSION ACCEPTANCE, EXCEPT AS PROVIDED IN §8-27.8(c)($) 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. 1. Property is Abutting the Shoreline Proposed project's approximate distance from shoreline (based on aerial map): ft. 2. Property is Not Abutting the Shoreline r Proposed project's approxhuate distance from shoreline (based on aerial map): z-b 3. Additional Information: ® Shoreline Change rosimt/Accretion) Rate: ft./yew (Information available here: www.soest.hawaii.edu/coastsA<auaicomtty/KCountv.htmlJ ❑ Number and description of parcels (including roads, buildings, structures) between Shoreline and thus parcel: Ct h cl 1- PLANNING DEPARTMENT SHORELINE SETBACK APPLICATION and flat -rV pogye, P YX -+ I` 'F& k„a�x kn Shoreline type (e_g. beach, -dune, rockyz sandy with rocky outcropping, etc_) _ composed Of Coylvnc;f�c Sand bow)dey- 5"7h.1>, fiard-e"d ShorQ (, ft ❑ 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 Ooodplain (if checked, what zone)? ❑ Has this property been subject to coastal hazwds (i.e. flooding, erosion, is PLEASE NOTE: Any misrepresentation of information in this shoreline setback application will result in revocation of this determination and may result in fines and criminal prosecution. Applicaut's Signatut Date Applicability (to be completed by Planning De aliment) Setback Determination necessary. Requirements of Ordnance No. 979 are applicable. ❑ Setback D te;minatio t�OT ne_S s a Requirements of Ordinance No. 979 are not applicable. 1�75mng I�treptpr or gestgnee Date If Part A has Ueen de ne hat\\ 1 ern nation w ll Ue necessa y, the additional information will Ue requ red for submission of this application. Part B A non-refundable processing fee of one hundred dollars ($100.00) shall accompany a request for determination. (§8-27.8(e)) ❑ An aerial map/image (ex. Google Maps or Google Earth) with a line drawn from the shoreline/vegetation lute (approximate shoreline) to the proposed project and the calculated distance in feet. ❑ A detailed Plot Plan to scale with all existing and proposed structures including driveways, visible lot coverage, setbacks and measurement details, fences, gates, and walls, etc. ❑ Building Permit Number (If building plans submitted) -2- s/n/v PLANNING DEPARTMENT SHORELINE SETBACK DETERMINATION Exemption Determinafion ❑ Exemption 1 In cases where the proposed stucture 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 wider 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 Pursuant to §8-27.7, those structures and uses found exempt in Table 3 (see pg. 7) including repairs and renovations to a lawfully existing m ucune, including nonconforming structures, provided that: (A) The repairs DO NOT enlarge, add to or expand the structure; increase the size or degree ofnon-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. ©/ Letter from the Department of Public Woks stating that the proposed project does NOT constitute "Substantial Improvement," pursuant to §8-27.2 (If applicable, will require valuation of project). [�] Pm'suant to §8-27.3 the Kauai County Code, 1987 as amended, the Planning Department hereby certifies the proposed structures) or subdivisions) as exempt from those shoreline setback determination requirements established uuder §8-27.8. ❑ Pursue to 8-279 the aua`i County Code, 1987 as amended, the proposed snucture(s) is permitted within the shoreline setba are . While ex int from those shoreline setback determination requirements established under §8-27.8, the propo rueture(s) is Iectto the conditions of §8-27.7(b). (See pg. 8) K - 1. iI Pla r g D11 for, des' ee Date 0 3- �o mA am N� ez em ;� �m e� �� u� Z � $� sl F 15HII Rto PAIL CENTER wcox nxc�trec,Ts tic �a g,:g§a (A P K.dPA'A, KAIJAI 96'id8 O 33�eF$.�g {� TMKr (AJ d-9-01k 014 g,�u�sa (PLANNING DEPARTMENT SHORELINE SETBACK APPLICATION pox o�>,Icia:I, us1T o�li✓v: SSD 201 - Acceptance Date: Website Posting Date: Determination Date: Plwining Commission Date: Expiration Date: Plainer Assigned: 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 that your parcel will require a Certified Shoreline Survey, due to the proximity to the shoreline. 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. project Information A grit Iriformatlon Applicant. Edward Bittner Mailing Address: P.O. Box 456 Phone: 808-822-4053 Anahola, HI 96703 Email: ed@blttnerconstruotion.com Applicant's Status: (Check one) ❑ Owner of the 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 then Lessee of the Property date of filing of this application. If not, Owners) must provide a Letter of Authorization. ❑✓ Authorized Agent Attach Letter of Authorization Transmittal Date: 320-2016 (attach additionol shoos; ifnccessary)' County Zoning District: Hanalei Tax Map Key(s): 5-5-1063 Land Area: 7984 sf Nature of Development: Fence (Description of proposed structure or subdivision) NO PERMITS WILL RE ISSUED WITHOUT PLANNING COMMISSION ACCEPTANCE, EXCIGPT AS PROVIDED IN §8-27.8(c)(8) Part A Shoreline Setback Determination of Applicability (§8-27.1) Check all that apply, fill in applicable information. Any box checked must be accompanied by additional information, photos and/or documentation. ' 1. Property is Abutting the Shoreline fProposed project's approximate distance from shoreline (based on aerial map): ft. 2. Property is Not Abutting the Shoreline ❑✓ Proposed project's approximate distance from shoreline (based on aerial map): 530ft. g 3.. Additional information: Shoreline Change (Erosion/Accretion)Rate: t less mn'1 ft./yew (Information available here:. soww soesth twatJ,edu/co tstc,'kauoicc unt v.; t�C ounty�hnml) Number and description of parcels (including roads, buildings, structures) between Shoreline and this parcel: '.5120 Woke Road (Pavilion Park) , !,Woke Road I5111 Woke Road -1- n ,Shoreline PLANNING DEPARTMENT SHORELINE SETBACK APPLICATION etc.l and around elevation of subiect parcel (Lowest and with Beach - --- --- — -- - - ----- — - — — — — ——------------- — — — - 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)? AE - Has this property been subject to coastal hazards (i.e_ flooding, erosion, tsunami, etc_) in the PLF.ASF, NOTE: Any misrepresentation of information in this shoreline setback application will restdt in revocafion of this determination and may result in fines and criminal prosecution. Applicant's SYgnatnre Signature Date Setback De rminatAon ne�:�sary. Requirements of Ordinance No. 979 are applicable. El�JJ tom^ t1 Setback etermi ation is nerc quirements of Ordinance No. 979 are not applicable. If Part A has been deettiyed that a�et`rrdfion will be necessary, the additional submission of this annlic tion. / Part B A non-refundable processing fee of one hundred dollars (S4l Oti.iid) shall accompany a request for determination. (§8-27.8(e)) An aerial map/image (ex. Google Maps or Google Earth) with a line drawn from the shoreline/vegetation line (approximate shoreline) to the proposed project and the calculated distance in feet. A detailed Plot Plan to scale with all existing and proposed structures including driveways, visible lot coverage, setbacks and measurement details, fences, gates, and walls, etc. El Building Permit Number (If building plans submitted) 2- slain �b PLANNING DEPARTMENT s SHORELINE SETBACK DETERMINATION Exemption Determination ❑ 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; (13) The proposed structure or subdivision is located at an elevation which is thirty (30) feet above sea level or greater; (C) The applicant can demonstrate to the satisfaction of the Planning 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 Pursuant to §8-27.7, those structures and uses found exempt in Table 3 (see pg. 7) including repairs and renovations to a lawfully existing structure, including nonconforming structures, provided that: (A) The repairs DO NOT enlarge, add to or expand fhe structure; increase the size or degree of non-oonformity; or intensify the use of the structure or its impact on coastal processes; (13) 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. ❑ Letter from the Department of Public Works stating that the proposed project does NOT constitute "Substantial Improvement," pursuant to §8-27.2 (If applicable, will require valuation of project). Pursuant to §8-27.3 the Kauai County Code, 1987 as amended, the Plamring Department hereby certifies fhe proposed stmemre(s) bdivision(s) as exempt from those shoreline setback determination requirements established under §8-27.8. ❑ Pursuan o § 27.7 the County Code, 1987 as amended, the proposed strucmre(s) is permitted within the shoreline setba .area bile exe tpt om those shoreline setback determination requirements established under §8-27.8, the pro sed eture(s) is�ct to the co ' 'ons o 27.7(b). (See pg. 8) J Date 3- 6/21/1] I 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 B ittner and Bittner Construction are authorized Co file for and pull all necessary permits and take all actions reasonably necessary in that regard with respect to 51.08 Opelu, Hanalei, TMK #4-5-5-010-063. Best regards rib L16 Peter Courture, Trustee BITTINIER CONSTRUCTION LLC GENERAL CONTRACTING LIC. #ABC 24834 EDWARD BITTNER PHONE: (808) 822-4053 E-MAIL ED@BITTNERCONSTRUCTION.COM P.O. Box 456, tlnahola, HI 96703 July 20, 20I7 To: Peter Courture 5108 Opelu Road Hanalei, HI 96714 [AM T O _ M. For: Fence Relocation, New sidewalk, and after the fact permit For existing sidewalk 5108 Opelu Road Hanalei, HI 9671.4 CELLULAR: 651-301 2 Fax:822-9631 SCOPE OF WORK: all labor and materials to install and relocate wooden fencing, double gate, relocate loose stack rocks as per plan entitled "Fence Remediation & Incidental Grading Plan, Lot A010-29, Hanalei Palms Subdivision, Phase 11, Hanalei, Halelea'a, Kauai, Hawai i, TMK (4) 5-5-010:063" by Lucas Breckenridge & Associates, Inc. dated 5- 15-2017. Including: The work being proposed includes (I) an as -built 6 foot 1"x 6" cedar perimeter fence along the property boundaries facing Pilikoa Street and Opelu Street, fifty feet (50') of the fence to remain as built and sixty feet (60') to be modified at the corner of the property to meet setback requirements; (2) an as built sidewalk, 68' x 3', beginning from the existing sidewalk coming in the property from Pilikoa Street, running alongside the existing residence facing Pilikoa Street, then cornering and running alongside the existing residence facing Opelu Street and ending at the existing driveway; (3) a proposed sidewalk 27' x 3' to run from the existing sidewalk to the existing lanai behind the house; and (4) a proposed sidewalk 24' x 3' to run from existing lanai by existing elevator to the existing lanai by the existing boat garage. Doea not include: • Any additional repairs or landscaping Subtotal $ 5,920.80 State tax 246.66 Total S 6167.46 Payment schedule to be: Upon commencement 00.00 Upon completion $69167.46 Payments will be due on date of invoice, net 10 clays. A finance charge of one and one half percent (1 %%) per month (annual percentage rate of 18 %) will be billed on all accounts that are past due and he/she will be responsible for all court and attorney fees. Notice: The percentage of construction of the above mentioned residence to be subcontracted is approximately 0 %. Below is a list of the subcontractors' names and license numbers. RIGHT TO RESOLVE ALLEGED CONSTRUCTION DEFECTS: CHAPTER 672E OF THE HAWAII REVISED STATURES CONTAINS IMPORTANT REQUIREMENTS YOU MUST FOLLOW BEFORE YOU MAY PILE A LAWSUIT OR OTHER ACTION FOR DEFECTIVE CONSTRUCTION AGAINST THE CONTRACTOR WHO DESIGNED, REPAIRED OR CONSTRUCTED YOUR HOME OR FACILITY. NINETY DAYS BEFORE YOU FILE YOUR LAWSUIT OR OTHER ACTION, YOU MUST SERVE ON THE CONTRACTOR A WRITTEN NOTICE OF ANY CONSTRUCTION CONDITIONS YOU ALLEGE ARE DEFECTIVE, UNDER THE LAW, THE CONTRACTOR HAS THE OPPORTUNITY TO MAKE AN OFFER AND/OR PAY FOR THE DEFECTS. YOU ARE NOT OBLIGATED TO ACCEPT ANY OFFER MADE BY A CONTRACTOR. THERE ARE BITI"NER CONSTRUCTION LLC GENERAL CONTRACTING LIC. # ABC 24834 EDWARD BITTNER PHONE: (808) 8224053 E-MAIL: ED@BITTNERCONSTRUCTION.COM P.O. Box 456, Anahola,11196703 CELLULAR: 651-301 2 Fax:822-9631 STRICT DEADLINES AND PROCEDURES UNDER THE LAW, AND FAILURE TO FOLLOW THEM MAY NEGATIVELY AFFECT YOUR ABILITY TO FILE A LAWSUIT OR OTHER ACTION. Owner Date Contractor Date This proposal void if not accepted within 30 days. This proposal supersedes any previous proposal. Where different, this proposal supersedes plans. Addendum A DISCLOSURE OF LIEN RIGHTS Access this form via website at: www.hawaii.gov/dcca/areas/pvl HOMEOWNERS TAKE NOTICE Auy person who furnishes labor (prime or subcontractor) or materials (material supplier) for your home improvement or renovation project and is not paid can file a claim (lien) in Circuit Court against your property wider Hawaii Revised Statutes ("HRS") chapter 507. This is true even if you have paid the contract price in full to the prime contractor and the contractor fails to pay his subcontractors or material suppliers. In order to obtain a lien against yow• property, a contractor, subcontractor, or material supplier must go to court and show that goods or services for the project have been supplied but not been paid for. You will be notified to appear and defend against these claims in court. If a lien is obtained, you are entitled to prove in a later court proceeding that you paid your prime contractor in full. The court could then enterjudgment in your favor against the prime contractor and direct payment out of the contractor's recovery fund up to the amount allowed by law, if the prime contractor was properly licensed at the time you entered into the contract with the prime contractor. WHAT YOU CAN DO Here is what you can do to help prevent problems: (I) Make certain that the contractor is licensed. Call 587-3295 to verify licensure. (2) On bigger jobs ask the contractor to explain to you about the possibility of providing a PERFORMANCE AND PAYMENT BOND which will guarantee completion of the project and payment of all liens. This Bond is usually provided by surety companies or material supply Houses to qualified contractors. It may cost you approximately 5% of the project cost. (3)YOU SHOULD NOT MAKE ANY ORAL AGREEMENTS. Make sure everything is put in writing, including but not limited to the price, what work is to be done, any specific exclusions or restrictions, and the grade and brand of materials to be used, the length of the project, etc. See HRS s444-25.5 and the rules of the Contractors License Board. If you later agree to make any changes in the original specifications, THESE CHANGES SHOULD BE IN WRITING AS WELL. (4)TAKE TIME TO STUDY THE AGREEMENT. Do not let a contractor or salesman hurry you into signing a contract; especially when you feel presstned by emergencies. BITTNER CONSTRUCTION LLC GENERAL CONTRACTING LIC. # ABC 24834 EDWARD BITiNER PHONE: (808) 822-4053 E-MAIL ED@BITTNERCONSTRUCTION.COM CELLULAR: 6551-301 2 P.O. Box 456, Anahola, HI 96703 Fax: 822-9631 (5) REMEMBER, A CONTRACT IS A LEGAL, BINDING DOCUMENT. Make certain you understand the contract. If not, spend a few extra dollars to have an attorney explain it to you. (6) OBTAIN ALIEN RELEASE FROM SUBCONTRACTORS. A mechanic's lien could be placed on your home by a subcontractor if the general contractor fails to pay his bills --EVEN THOUGH YOU HAVE PAID FOR THE WORK. The same thing holds true FOR SUPPLIERS OF CONSTRUCTION MATERIALS INCORPORATED INTO YOUR JOB ... GET A LIEN RELEASE! Contractors could provide you with a lien release form. This form will essentially state that you have paid or have entered into an agreement to pay the subcontractor or supplier for their work, and that the subcontractor or supplier therefore relinquishes their lien rights. (7) DO NOT APPROVE PLANS OR BLUEPRINTS unless you understand them. (8) PLEASE BE SURE YOUR CHECKS are made out to the CONTRACTOR, NOT TO A SALESMAN. (9) Make sure and publish a "NOTICE OF COMPLETION" in the newspaper as soon as the work is done. No lien may be claimed 46 days after the notice requirement (among other things) is completed in accordance with HRS s507-43. (10) Discuss with your contractor the possibility of withholding a portion of payment until the 45- day period for filing liens has expired. The amount withheld should be sufficient to cover all claims which might be filed. You and your contractor must agree on the amount. (11) If you have any questions about lien rights or other contract matters, DO NOT SIGN this or any contract. Review HRS chapter507 and or contact an attorney first. This form has been approved by the Contractors License Board; however, the Board suggests that a person become familiar with the laws and rules governing contractor's and mechanic's liens prior to entering into a contract with a contractor for new construction or improvements. 3 {wej harre dasCuased went the can€esctor the lien rr9hts of tf7ase wife wiiN 4e suPP�{+n9 Eabpr nr rnateriats to my (+�s�t) Proms as �wsl+'as steps I (�ei cat? ta4ca tb mdu�& tear €eao P,a9ri91ty. + {wei have r�a..d and understand this PtS�GLOSURE pF 4tE}.+t f2iG++TS, DATER this tMFNE36 pWNER _: _. PLANS T00 LARGE TO SCAN ON FILE AT PLANNING DEPARTMENT UPON REQUEST PLANNING DEPARTMENT SHORELINE SETBACK APPLICATION 7 J� L J 1 ii *? l FOR OFFICIAL USE ONtV 201 SSD Acceptance Date: -) ' d Website Posting Date: --( Determination Date: Planning Commission Date: Expiration Date: - • 1 Planner Assi ned: - 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 that your parcel will require a Certified Shoreline Survey, due to the proximity to the shoreline. 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'' licantIrtformaiioay Applicant: Association of Beachhouse Owners of Kiahuna Plantation Mailing Address: Applicant's Status: 2253 Po'ipu Road Koloa, HI 96756 Check one Phone: Email: 808.742.3522 Chris.gampon@outrigger.com ❑ 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 date of filing of this ap2lieation. If not, Owners lease of five (5) years or more from the must provide a Letter of Authorization. Attach Letter of Authorization Transmittal Date: County Zoning District: Tax Map Key(s): Land Area: Nature of Development: Post citation remedial work to restore pre-existing cement (Description of proposed path and shower. (see attachements) structure or subdivision) NO PERMITS WILL BE ISSUED WITHOUT PLANNING COMMISSION ACCEPTANCE, EXCEPT AS PROVIDED IN §8-27.8(c)(8) Part A Shoreline Setback Determination of Applicability (§8-27.1) Check all that apply, fill in applicable information. Any box checked must be accompanied by additional information, photos and/or documentation. 1. Property is Abutting the Shoreline ® Proposed project's approximate distance from shoreline (based on aerial map): 3Oft 2. Property is Not Abutting the Shoreline ❑ Proposed projects approximate distance from shoreline (based on aerial map): ft. 3. Additional Information: ® Shoreline Change(Erosion/Accretion) Rate: 1. 0 ft./year (high/all transects) (Information available here: wNw.soesthawaii.edu!coasts kauaico��) -1- PLANNING DEPARTMENT SHORELINE SETBACK APPLICATION ❑ Number and description of parcels (including roads, buildings, structures) between Shoreline and this parcel: This is a shoreline property. Thdildi ere are no roas, bungs, or structures between the shoreline and this parcel, j i ❑ Topography (undulating, flat, slope, etc. and round elevation of subject pazcel (Lowest and Highest elevation FE area is on a manicured lawn, generally level with a slope going from a (high point at the shoreline (approx. 10.11) to a low point mid -property 1 (approx. 3.0') Sandy Beach ❑ 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)? VE (EL15 ) ❑ Has this property been subject to coastal hazards (i.el flooding, erosion, tsum Yes. Property is subject to coastal erosion. PLEASE NOTE: Any misrepresentation of information in this shoreline setback application will result in revocation of this determination and may result in fines and criminal prosecution. Applicant's Signature ,'� Setback Determination necessary. Requirements of Ordinance No. 979 are applicable. 2- snm O tiyM14 OR 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 ❑ A non-refundable processing fee of one hundred dollars (5100.00) shall accompany a request for determination. (§8-27.8(e)) ❑ An aerial map/image (ex. Google Maps or Google Earth) with a line drawn from the shoreline/vegetation line (approximate shoreline) to the proposed project and the calculated distance in feet. ❑ A detailed Plot Plan to scale with all existing and proposed structures including driveways, visible lot coverage, setbacks and measurement details, fences, gates, and walls, etc. ❑ Building Permit Number (If building plans submitted) Exemption 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 (FIRINI) `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) including repairs and renovations that DO NOT enlarge or expand a nonconforming structure. (see pg. 7) ❑ Letter from the Department of Public Works stating that the proposed project does not constitute "Substantial Improvement," pursuant to §8-27.2 (If applicable, will require valuation of project) l�. Pursuant to §8-27.3 the Kauai County Code, 1987 as amended, the Planning Deparhment hereby certifies the proposed structures) or subdivisions) as exempt from those shoreline setback determination cequirements established under §8-27.8. Pursu to 8-279 the Kauai County Code, 1987 as amended, the proposed structure(s) is permitted within the shoreline setb are . While e pt from those shoreline setback determination requirements established under §8-27.8, the pro osed ucture(s) 's ubject to th ' ' ns of §8-27.7(b). (See pg. 8) � 117 PUa rffng Dr c r des' ee Date ❑x Additi`d'nal.a(okmZM9'1conditions: -3- snn� PLOT PLAN BEACH OHOWER RELOCATION Affecting Lot 1-5 Land Court Consolidation 125, Map 1 51watmd At Koloa, Kauai, Hawaii Tax Map Key.° (4) 2-e-M,9 Property Address: =5 Polpu Rd. SEE ENLARGEMENT J Jr a Propared for: outrigger Kiahuna Platation Rseort V161N17Y MAP P�� L pD9 er M£ off lMVFA MY sv OJQ, Tc W * LnNVCsugVE of N. � � [erttticate AVOor 12973-LsjA f. fi/ e f. ��PRE-EXISTINfi LONGREiE WALKWAY REhbVED Opprox. ees 5q. Ft. kI O `sI1_� R LIMIT OF EXCAVATED AREA b � 13f approx. 1,88D 5q. Ft. lls \kph \<yW as`o Old 9w r b� D we O�J ENLARGEMENT GRAPHIC SCALE I"=20' uaTE, Elevations are based from RM 105, "+ on sidewalk on Noananl / Kaplli Road, EL. = 9.95 M5L LEGEND 9T °` Dotted Llne with Notch = R-e-Existing Concrete Walkway Ramoved Dashed L(ne = Ovter Llmlts of Excavation Performed ®®�� Heliotrope Tree (2' dm) L Onut Tree (I'dm) e: (s) ae-I'1:4 Portugal Surveying, LLL Morch 3, 201� Poipa -moo- ll x I-1 woe: PS-Is-oe3 Lm„o. Ko�ol, i+owmi PROP SED CONDITIONS PLOT PLAN BEACH SHOWER RELOCATION Affecting Lot 1-6 Land Court Coneoildatlon 125, Map 1 -�-' XA 5kuated At Koloa, Kauai, HAW ll _ Tex Map Key; (4) 2-43 i17,9 Property Addreee; 2255 Polpu Rd. 5EE ENLARGEMENT Prepared for: 0u te6er Klshuna P7atatlon Reeort BY ME on unnav x✓ smw✓zsrw+ P�� F04 W PRELIMINARY w ��NowAve"roa 9 � pprox. 737 5q. Ft. dJ7EAOF TED AREA approx. 945 Sq. R, 16 r r _____� J\ . PREEXISTINGGOn'GRETE txry r PYALKNATO 5VHJ A approx 659 5q. FL ua�t� o he ENLARGEMENT GRAPHIC SCALE I"=20' 60 O 20 40 LEGEND Solid Llne wtth Hatch - Proposed New Goncrefe Walkway Dotted Lire = Pre.-Exlstrg concrete Walkway Removed Dashed Llne = Outer Llmlte of E covuoon Performed --------------- - Hellotrope Tree (2' dmJ 'n#" coconut Tree TFnHI:: (4J �-e-Ir:9 PorGugoal 5urvsyl y LLG ne�emter 14, % ic+ Polpu -� Association of Beachhouse Owners of Kiahuna Plantation Smoothed Transect Rate 75 0.90 Phase III 76 1.00 Phase III 77 0.90 Phase III 78 0.90 Phase III 79 0.90 Phase III 80 0.90 Phasell 81 0.90 Phase II 82 0.90 Phase II 83 0.90 Phase II 84 1.00 Phase II 85 1.00 Phase II 86 0.90 Phase I, Phase II 87 0.90 Phase I, Phase II 88 0.80 Phase I, Phase II 89 0.60 Phase I, Phase II 90 0.50 Phase I, Phase II High 1.00 Median 0.90 Minimum 0.50 Erosion Transect Rates Shoreline fronting KPR Poipu -Smoothed Rates Smoothed Transect Rate (ftlyr) 65*- -0.5 66 -0.5 67*= -0.5 68* -0.4 69* -0.4 70* -0.4 71 -0.5 72 -0.6 73 -0.7 74 -0.8 75 '' -0.9 76 -1.0 77 -0.9 78 -0.9 79' -0.9 80 -0.9 81' -0.9 82 -0.9 83 -0.9 84 -1.0 85 -1.0 86 -0.9 87 -0.9 88 -0.8 89 - -0.6 90 -0.5 91 ' -0.5 , 92 -0.6 93i -0,8 94 -0.9 95 -0 8 96 -0.6 97 -0.3 98 -0.5 99 -0.4 100 -0.3 101 -0.3 102 -0.2 103 -0.2 104 -0.1 105 -0.1 106 -0.2 107 -0.4 108 -0.7 109 -0.9 110 -1.0 Smoothed Transect Rate (ft/yr) 111 =1.1 112 -1.1 113 -1.1 114 -0.9 115 -0.6 116 -0.3 117 0.2 118 -0.5 119* -0.5 120 -0.8 121 -1.0 ` 122 -1.1 123 -1.0 Positive Rate = Accretion Negative Rate = Erosion *Imagery indicates beachwidth of zero during period of analysis. Rate calculation reflects data with beach existence.