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HomeMy WebLinkAboutDecember 18, 2017 SSD ApplicationsPLANNING DEPARTMENT SHORELINE SETBACK APPLICATION FOR:'OFFIC AL USE ONLY: , SSD 201 1? Acceptance Date: JZJ JR Website Posting Date: j Lit 117 Determination Date: 610 Commission Date: Ille Expiration Date: Planner Assigned: Instructions: File all information requested under Pa t A for processh g the Determination of Applicability (§8-27.1), including signature page. Fill out Parts A and B if you lmow, 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 lcant7nformatiUn Applicant: Victoria Leadley Mailing Address: P.O. Box 713e Phone: (eoe) 245-47a5 ext 230 Kamuaia, HI 95143 Email: UOQkeual.laW,mm An licant's Status: (Check one ,/1 owner of the Property (Bolder 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 Ellin of this a Iication, If not, Owners) must provide a Letter of Authorization. ❑ Authorized Agent Attach Letter of Authorization Transmittal Pate: County Zoning District: open _ _Tax Map Kcy(s): (a) s-s--oas:azz Land Axea: sae Nature of Development: Outdoor deck (Description of proposed 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 mast be accompanied by additional informafion, photos and/or documentation. Properties Abetting the Shoreline D Project's approximate distance from shoreline: Q Pro cities Not Abutting tho Shoreline 1 95 feet �✓ Project's approximate distance from shoreline: 0✓ Additional Information: Q✓ Closest distance of improvement(s) from Shoreline is approximately 195 , ,ft. n Number of parcels and type of improvements (roads, buildings, structures) between Shoreline and this parcel: County of Kauai park lot identified as TMK (4) 5-8-006:030 is between the subject property and the shoreline -1- a/os/xs PLANNING DEPARTMENT SHORELINE SETBACK APPLICATION .... FOR -OFFICIAL _UST� _ONLY: SSD 201 Acce tance Data:, Web sho Posting Date: Determination bate; Planning Commission D ate; Expiration Date; Planner Assigned: 0 Topography (undulating, flat, slope, etc.) and ground elevation of subject parcel (Lowest and Highest elevations) fairly level. The lowest portion of the outdoor deck is approximately 6 feet above sea level Shoreline type (e.g. beach, dune, rocky, sandy with rocky outcropping, etc.) Artif cially armored Shoreline If checked, whattype of armoring (e.g. seawall, revetment, bulldread); Is the armoring permitted/authorized? Date of authorization (attach copy of authorization letter): F Is property in coastal floodph in (if checked, what zone)?yE z?___ f Has this �ro�erty been subj ect to coastal hazards in the past? (If checked, If the proposed stmcture or subdivision is within the shoreline setback area then, please be aware that if the determination of a structure is approved, the Applicant shall agree in writing that the Applicant, its successors, and permitted assigns shall defend, indemnify, and hold the County ofKaua`i harmless from and against any and all loss, liability, claim or demand arising out of damages to said structures from any coastal natural hazards and coastal erosion, pursuant to §8-27,7(b)(2). The requirements of the Subsection (b) shall run with the land and shall be set forth in a unilateral agreement recorded by the applicant with the Bureau of Conveyances or the Land Court, whichever is applicable, 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 -Mth the Director shall be a prerequisite to the issuance of any related building permit. §8-27.7(b)(6). PLANNING DEPARTMENT SHORELINE SETBACK DETERMINATION If Part A has been deemed that a Determ nat on will be necessary, the add tional nformation 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 I 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 adj scent 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. 0✓ Exemption 2 In cases where the applicant can demonstrate to the satisfaction of the Planning Director thatthe applicant's proposed structure or subdivision will not affect beach processes, impact public beach access, or be affected by or contribute to coastal erosion or hazards, excluding natural disasters. Factors to be considered shall include, but not be limited to, proximity to the shoreline, topography, properties between shoreline and applicant's property, elevation, mid the history of coastal hazards in the area. El 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," pursuanfto§8-27.2 3 the I�aua`i County Code, I987 as amended, Ate Planning Department hareby certifies £ ;(s} ox subdivisions) as exempt from those shoreline setback determination requiremesfs -- or de rgnee Date 3- H/45/15 1� / ; z: / 7 , PLANNING DEPARTMENT SHORELINE SETBACK APPLICATION FOR OFFICIAL USE ONLY: SSD 201 Acceptance Date: '7 Website Posting Date: J Determination Date: I` `A Planning Commission Date: Expiration Date: = 1 Planner 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, 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 licantInformation Applicant: VALERIE KICKHOEFER Mailing Address: A licant's Status: 3918 SCADLOCK LN. SHERMAN OAKS, CA. 91403-4325 (Check one) Phone: 813-798-5907 Email: vklck®ucla.edu ✓ Owner of the Property Lessee of the Property ❑✓ Authorized Agent I (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: County Zoning District: Information (attach additional Tax Map Key(s): (a) s-a-tzar Land Area: s.os1 Ac Nature of Development: REPLACEMENT ATRIUM GLASS ROOF (Descripfion of proposed 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, Mphotos and/or documentation. ✓ Properties Abutting the Shoreline 230 FT. FV Project's approximate distance from shoreline: Pernes Not Abutting the Shoreline ro Project's approximate distance from shoreline: Additional Information: Q Closest distance of improvement(s) from Shoreline is approximately 200 it, Number of parcels and type of improvements (roads, buildings, structures) between Shoreline and this parcel: -1- 3rosn PLANNING DEPARTMENT SHORELINE SETBACK APPLICATION FOR OFFICIAL USE ONLY: SSD 201 Aooe tmce Date: Website Posting Date: Determination Date: Planning Commission Date: Expiration Date: Planner Assigned: �✓ Topography (undulating, flat, slope, etc.) and ground elevation of subject parcel (Lowest and Highest elevations) FLAT TO ROCKY CLFF TO BEACH ❑✓ Shoreline type (e.g. beach, dune, rocky, sandy with rocky outcropping, etc.) ;BEACH AND ROCKS 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)? ❑ Has this_prr_erty been subject to coastal hazards in the past? (If checked,_ If the proposed structure or subdivision is within the shoreline setback area then, please be aware that if the determination of a structure is approved, the Applicant shall agree in writing that the Applicant, its successors, and permitted assigns shall defend, indemnify, and hold the County of 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 Date Setback Deter�xf'nati�n necessary. Requirements of Ordinance No. 979 are applicable. Date -2- 3tos�is PLANNING DEPARTMENT SHORELINE SETBACK DETERMINATION If Part A has been deemed that a Determination will be necessary, the additional information will be required for submission of this application. Part B Exemption Determination ❑✓ A non-refundable processing fee of one hundred dollars ($100.00) shall accompany a request for determination. (§8-27.8(e)) ❑ Exemption 1 In cases where the proposed structure or subdivision satisfies the following four criteria: (A) In cases where the proposed structure or subdivision is located outside of the Federal Emergency Management Agency (FEMA) Flood Insurance Rate Map (FIRM) `Vor `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 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 Determination (to be Pursuant to §8-27.3 the Kauai County Code, 1987 as amended, the Planning Department hereby certifies t propose strrkcture(s r subdivision(s) as exempt from those shoreline setback determination requirements estall hed�nder P] Inir� 'r or esi¢nee Date -3- 3iosns PUU POA UNIT 413 5454 M NANU ROAD COUNTY OF KAUAI BUILDING DIVISION COUNTY OF KAUAI PLANNING DEPARTMENT RE: ATRIUM COVER REPLACEMENT TMK 14] 5-4-021:11; UNIT #413; 5454 KA HAKU ROAD, PRINCEVILLE, HAWAII THIS LETTER AUTHORIZES MATTHEW SCHALLER TO ACT ON THE OWNERS BEHALF TO SECURE BUILDING PERMITS FOR THE ATRIUM COVER REPLACEMENT TMK [41 5-04-021:011; UNIT #413; 5454 KA HAKU ROAD, HANALE19 HAWAII Aloha Pumehana, If you have an 310-562-9665 (cell) y y questions, please feel free to call me at Dig'rcally signed by Klckhoefer, Valerie Kickhoefer, DN: cn=Kickhoefer, Valerie, o=David Geffen School of Medicine, ou=Biological Chemistry, Valerie email=vkick@mednet,ucla.edu, c=US Date: 2017.08.2916:30:52-02'00' VALERIE HICKHOEFER X II �, W. County October 30, 2017 3918 Scadlock Lane Sherman Oaks, CA 91403-4325 Attu: Valerie Kickhoefer F ME Lyle Tabata„ Acting Couni.}+mgmeer Subject: SHORELINE SETBACK APPLICATION SUBSTANTIAL IMPROVEMENT DETERMINATION INTERIOR RENOVATIONS TO UNIT 413 — PU'U PO'A CONDOS BLDG 3 TMK:(4) 5-4-012:011-0055 Dear Ms. Kickhoefer, The Kauai County Shoreline Setback and Coastal Protection Ordinance (Ordinance N979) Section &27.2 defines substantial improvement as "any cumulative series of repairs, o. 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 (DPW) Engineering Division has reviewed the proposed atrium glass roof replacement to Unit 413 in Building 3 of the Pu'u Po' a Condominiums. The structure contains 8 units. DPW has determined that the proposed improvements do not constitute a substantial improvement. A summary of the calculations follows. Market Value There were four (4) other building permits approved for the structure within the past ten years. There is also a building permit for work in Building 3 that is currently under review_ . The first Permit was approved in 2009. Therefore, the market value used in the calculations is the 2009 Replacement Cost New Less Depreciation (RCNLD) value for the structure as determined by County's Real Property Assessment Division. The 2009 RCNLD was determined to be $6,849,600. If the owner chooses to dispute this value, then an appraisal of the structure must be provided at the owner's expense. The appraisal shall be prepared by a professional appraiser licensed in the State of Hawaii and the market value shall be based on the "Cost Approach" (or Replacement Cost New Less Depreciation). An Equal Opportunity Employer Puu Poa — Kickhoefer Shoreline Setback Application — Substantial Improvement Determination October 30, 2017 Cost of Improvements The cost of improvements for previous building permits are taken epar the valy Sun-SPac s, ABS DPW Building Division records. We reviewed the cost estimate prepared by Sun Sp Construction, of that was submitted to the Engineering Division, on October 13, 2017. The of for Unit 413 was estimated to be $49,940.80. The total cost of replacing the atrium glass to cost is summarized as follows for the past 10 years: BP 09-1637 - - BP 12.0546 $58------ 0_ BP 13-2913 _______________$20,000.00 -`.... "--- $42,000,00_, BP 15-2538— ------ ------------ ; --- — BP 17-2141 In Plan Check i __ $46,940.8 - - -P 1 -2 " 49,940,80 -------------- BP 17-2143 CURRENT ,_ $ -OT " $22.51681.60 i TOTAL COST--------- — Summary The cost of improvements compared to the market value is: Cost of Improvements (past 10 years): $225,681.60 — 0.0329 or 3.3% Market Value (Real Property): $6,849,600 aluethe improvement is not considered Since the total cost does not exceed 50% of the market v, to be substantial. Based on our record tted work has been dohere were no Othe Pene,tor if there arue modifica ions to past ten years. However, if any unp this application, our determination shall be considered void and the structure must be re- evaluated. If you have any questions or need additional information, contact Stanford Iwamoto at (808) 2414896 or siwamoto@akauai.sov. Sincerely, A� IvIICHAEL MOULE, P.E. Chief, Engineering Division SUBV Copy: Design and Permitting Planning PLANNING DEPARTMENT SHORELINE SETBACK APPLICATION FOR OFFICIAL USE ONLY: SSD 201�/ - c;�A Acceptance Date: Z-1 n Website Posting Date: i Determination Date: - t I Planning Commission Date: I K)A Expiration Date: = l 5 = i Planner 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, 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 Information Applicant: TRACEY SOUVEREIN Mailing Address: A licanfsSus: tatof 6331 ROOKERY FORT COLLINS, (Check one) RD. CO.80528 Phone: 970-282-1839 Email: breckenridgewndorentals@comcascnet ✓ Owner the Property Lessee of the Property �✓ Authorized Agent I (Holder of at least 75 % of the equitable and legal title) Lessee must have an unexpired date of filing of this application. and recorded lease of five (5) years or more from the If not, Owner(s) must provide a Letter of Authorization. Attach Letter of Authorization Transmittal Date: County Zoning District: RR-m Information (attach additional Tax Map Land Area: s.ost AC Nature of Development: REPLACEMENT ATRIUM GLASS ROOF (Description of proposed 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, �hotos and/or documentation. ✓ Properties Abutting the Shoreline ®✓ Project's approximate distance from shoreline: 230 FT. Perties Not Abutting the Shoreline ro Project's approximate distance from shoreline: Additional Information: Q l—✓—I Closest distance of improvement(s) from Shoreline is approximately 200 ft. 9I Number of parcels and type of improvements (roads, buildings, structures) between Shoreline and this parcel: -1- 3tnsns PLANNING DEPARTMENT SHORELINE SETBACK APPLICATION FOR OFFICIAL USE ONLY: SSD 201 Acceptance Date: Website Posting Date: Determination Date: Planning Commission Date: Expiration Date: Planner Assigned: ❑✓ Topography (undulating, flat, slope, eto.) and ground elevation of subject parcel (Lowest and Highest elevations) FLAT TO ROCKY CLFF TO BEACH ❑✓ Shoreline type (e.g. beach, dune, rocky, sandy with rocky outcropping, etc.) AND ROCKS 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)? Has this property been subject to coastal hazards in the past? (If checked, If the proposed structure or subdivision is within the shoreline setback area then, please be aware that if the determination of a structure is approved, the Applicant shall agree in wrng 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 Bet 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 �3 I �400licability (ta be coannleied ba Blanuiu� Deoartnrenti Setback Deter�iinat�%n nec�ary. Requirements of Ordinance No. 979 are applicable. —z- 3�os��s PLANNING DEPARTMENT SHORELINE SETBACK DETERMINATION If Part A has been deemed that a Determ nation will be necessa y, the additional reformation will be required for submission of this application. Part B Exemption Determination ❑✓ A non-refundable processing fee of one hundred dollars ($100.00) shall accompany a request for determination. (§8-27.8(e)) ❑ Exemption 1 In cases where the proposed structure or subdivision satisfies the following four criteria: (A) In cases where the proposed structure or subdivision is located outside of the Federal Emergency Management Agency (FEMA) Flood Insurance Rate Map (FIRM) `V' or `VE' flood zones; (E) 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," pursuanYto §8-27.2 under ation (to be completed by Planning Department) Code, 1987 as amended, the Planning Department hereby certifies the as exempt from those shoreline setback determination requirements -3- 3iosns COUNTY OF KAUAIBUILDING DIVISION COUNTY OF KAUAI PLANNING DEPARTMENT t ROAD, PPINCEVILLE, THIS LETTER AUTHORIZES MATTHEW SCHALLER TO ACT ON THE OWNERS BEHALF TO SECURE BUILDING PERMITS FOR THE ATRIUM COVER REPLACEMENT TMK [41 5-04-021:01 1; UNIT #313; 5454 KA HAI£U ROAD, HANALEI, HAWAII If you have any questions, please feel free to call me at (U' '& 1- t a% TRACEYSOUVEREIN `Bernard P. Carvalho Jr. Mayor County o, HawaN Suite4444 Rice Street, 2 TEL :08:186604 . October 30, 2017 6331 Rookery Road Fort Collins, CO. 80528 Attn: 'Tracey Souverein gK E 3 "' -- Kyle B.alTita" Acting coulpfrEngmezY"'===:-::-:::::.::5 Subject: SHORELINE SETBACK APPLICATION SUBSTANTIAL IMPROVEMENT DETERMINATION INTERIOR RENOVATIONS TO UNIT 313 - PU'U PO'A CONDOS BLDG 3 TMK:(4) 5-4-012:011-0041 Dear Ms. Souverein, 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 Deparkment of Public Works (DPW) Engineering Division has reviewed the proposed atrium glass roof replacement to Unit 313 in Building 3 m the Pu'u Po' a Condominiums. The structure contains 8 units. DPW has determined that the proposed improvements do not constitute a substantial improvement. A summary of the calculations follows. IVlarket Value There were four (4) other building permits approved for the structure within the past ten years. There is also a building permit for work in Building 3 that is currently under review. The first permit was approved in 2009. Therefore, the market value used in the calculations is the 2009 Replacement Cost New Less Depreciation (RCNLD) value for the structure as determined by County's Real Property Assessment Division. The 2009 RCNLD was determined to be $6,849,600. If the owner chooses to dispute this value, then an appraisal of the structure must be provided at the owner's expense. The appraisal shall be prepared by a professional appraiser licensed in the State of Hawaii and the market value shall be based on the "Cost Approach" (or Replacement Cost New Less Depreciation). An Equal Opportunity EmployeY Pun Poa — Souverein Shoreline Setback Application — Substantial Improvement Determination ME October 30, 2017 Cost of Improvements The cost of improvements for previous building permits are taken from the valuations shown in DPW Building Division records. We reviewed the cost estimate prepared by Sun -Spaces, ABS Construction, LLC that was submitted to the Engineering Division on October 13, 2017. The total cost of replacing the atrium glass roof for Unit 313 was estimated to be $46,940.80. The cost is summarized as follows for the past 10 years: BP 09-1637 >8,000.00 i $58,800,00 BP 12-0546 $20,000.00 BP 13-2913 $42,000,00 BP 15-2538 ----------------------- 2143 In Plan Check -------------- $49,940.80 BP 17 CURRENTL -'-------- ------ $46,940,80 BP 17-2141 — — --- TOTAL COST $226,681.60 ----------------- ---------------------- The cost of improvements compared to the market value is: Cost of Improvements (past 10 years): $225, 681.60 — 0.0329 or 3.3% Market Value (Real Property): $6, 849, 600 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. 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 SUBV Copy: Design and Permitting Planning PLANNING DEPARTMENT SHORELINE SETBACK APPLICATION FOR OFFICIAL USE ONLY: SSD 201� - Acceptance Date: Website Posting Date: 1 2,% 1 I-7 Determination Date: I Planning Commission Date: - Expiration Date: `L. ` 1 Planner Assigned: (.A 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 Information Applicant: SUSAN LEARN ED-DRISCOLL Mailing Address: A licant's Status: 11 SANDSTONE ST. PORTOLA VALLEY, (Check one) CA. 94028-8033 Phone: 650-867-0761 Email: blonder53@gmaii.com ✓ Owner of the Property Lessee of the Property �✓ Authorized Agent I (Holder of at least 75% of the equitable and legal title) Lessee must have an unexpired date of filing of this application. and recorded lease of five (5) years or more from the If not, Owner(s) must provide a Letter of Authorization. Attach Letter of Authorization Transmittal Date: County Zoning District: Nature of Development: (Description of proposed Tax Map Key(s): (a) e-a-tz:1t Land Area: e.os1 Ac REPLACEMENT ATRIUM GLASS ROOF 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, hotos and/or documentation. Properties Abutting the Shoreline ❑✓ Project's approximate distance from shoreline: 230 FT. Perties Not Abutting the Shoreline ro Project's approximate distance from shoreline: Additional information: Q Closest distance of improvement(s) from Shoreline is approximately 200 ft. ® Number of parcels and type of improvements (roads, buildings, structures) between Shoreline and this parcel: -1- 3rosns PLANNING DEPARTMENT SHORELINE SETBACK APPLICATION FOR OFFICIAL USE ONLY: SSD 201 Acceptance Date: Website Posting Date: Determination Date: Planning Commission Date: Expiration Date: Planner Assigned: �✓ Topography (undulating, flat, slope, etc.) and ground elevation of subject parcel (Lowest and Highest elevations) FLAT TO ROCKY CLFF TO BEACH ❑✓ Shoreline type (e.g. beach, dune, rocky, sandy with rocky outcropping, etc.) BEACH AND ROCKS 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): ElIs property in coastal floodplain (if checked, what zone)? ❑ _Has this_pro_perty been subject to coastal hazards in the past? Cf checked, If the proposed structure or subdivision is within the shoreline setback area then, please be aware that if the determination of a structure is approved, the Applicant shall agree in writing that the Applicant, its successors, and permitted assigns shall defend, indemnify, and hold the County of 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 Setback Il�terlbination(h�essary. Requirements of Ordinance No. 979 are applicable. Date -2- 3�osiis PLANNING DEPARTMENT SHORELINE SETBACK DETERMINATION If Part A has been deemed that a Determination will be necessary, the additional information will be required for submission of this application. Part B Exemption Determination ❑✓ A non-refundable processing fee of one hundred dollars ($100.00) shall accompany a request for determination. (§8-27.8(e)) ❑ Exemption 1 In cases where the proposed structure or subdivision satisfies the following four criteria: (A) In cases where the proposed structure or subdivision is located outside of the Federal Emergency Management Agency (FEMA) Flood insurance Rate Map (FIRM) `V' or `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 Those structures and uses found exempt in Table 3 (§8-27.7) (see pg. 5-6) 0 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 Planning Department hereby certifies 1 ructure( subdivisions) as exempt from those shoreline setback determination requirements under § -2 .8. c or sienee Date 3- 3iosns COUNTY OF KAUAI BUILDING DIVISION COUNTY OF KAUAI PLANNING DEPARTMENT RE: ATRIIJM COVER REPLACEMENT TMK [4] 5.4A21:11; UNIT #411; 5454 KA HAKU ROAD, PRINCEVILLE, HAWAII THIS LETTER AUTHORIZES MATTHEW SCHAL ER TO ACT ON THE OWNERS BEHALF TO SECURE BUILDING PERMITS FOR THE ATRIUM COVER REPLACEMENT TMK [41 5-04-021:011; UNIT #411; 5454 KA HAKU ROAD, HANALEI, HAWAII Aloha Pumehana, �j ( /y If you have any questions, please feel free to call me at ?51 � f V 5 SUSAN LEARNED-DRISCOLL .. p y3 CD p CD .h, © +4� j v p F z Bernard P. Carvalho Jr. Mayor Wallace G. Rezentes Jr. Managing Director October 30, 2017 11 Sandstone Street Portola Valley, CA 94028-8033 Attn: Susan Learne&Driseoll IM Lyle Tatiata Acting County Engineer Subject: SHORELINE SETBACK APPLICATION SUBSTANTIAL IMPROVEMENT DETERMINATION INTERIOR RENOVATIONS TO UNIT 411— PU'U PO'A CONDOS BLDG 2 TMK:(4) 5-4-012:011-0053 Dear Ms. Learned -Driscoll, 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 (DPW) Engineering Division has reviewed the proposed atrium glass roof replacement to Unit 411 in Building 2 of the Pu'u Poa Condominiums. The structure contains 24 units. DPW has determined that the proposed improvements do not constitute a substantial improvement. A summary of the calculations follows. 11lfarket Value There were seven (7) other building permits approved for the structure within the past ten years. The first permit was approved in 2011. Therefore, the market value used in the calculations is the 2011 Replacement Cost New Less Depreciation (RCNLD) value for the structure as determined by County's Real Property Assessment Division. The 2011 RCNLD was determined to be $10,854,314. If the owner chooses to dispute this value, then an appraisal of the structure must be provided at the owner's expense. The appraisal shall be prepared by a professional appraiser licensed in the State of Hawaii and the market value shall be based on the "Cost Approach" (or Replacement Cost New Less Depreciation). An Equal Opportunity Employer Pun Pea — Learned -Driscoll Shoreline Setback Application — Substantial Improvement Determination - - October 30, 2017 Cost of Pmprovements The cost of improvements for previous building permits are taken from the valuations shown in DPW Building Division records. We reviewed the cost estimate prepared by Sun -Spaces, ABS Construction, LLC that was submitted to the Engineering Division on October 13, 2017. The total cost of replacing the atrium glass roof for Unit 411 was estimated to be $49,940.80. The cost is summarized as follows for the past 10 years: 11-1559 $30,000.00 I BP — r----------------- $201000.00 BP 11-2062 ----------- ------ — `-------- $120,000.00 — BP 12-1298f ------------------------------------------ $90,000.00 i BP 15-0611 1 - — i $5,400.00 BP 15-1690 -------------- ------------------------ $500,000,00 BP 16-1049 ----------------------------------------' $35,000.00 j BP 16-1496 --------- --------------------- $49,940.80 j j BP 17-2139 ;CURRENT TOTAL COST j____$850,340.80 ----------- - ---- ---- — ,summary The cost of improvements compared to the market value is: Cost of Improvements (past 10 years): $850,340.80 — 0.07834 or 7.8% Market Value (Real Property): $10,854,314 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. If you have any questions or need additional information, contact Stanford Iwamoto at (808) 241-4896 or siwamotoLaVkauai.gov. Sincerely, MICHAEL MOULE, P.E. Chief, Engineering Division SUBV Copy: Design and Permitting Planning PLANNING DEPARTMENT SHORELINE SETBACK APPLICATION FOR OFFICIAL USE ONLY: SSD 201_c_ - Acceptance Date: 7, 1 =A Website Posting Date: 1 . 11 Determination Date: • 1"l Planning Commission Date: Expiration Date: .' Planner 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, 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 Information-' Applicant: PAUL LaBELLA Mailing Address: Applicant's Status: P.O. Box 23584 PRINCEVILLE, RI. (Check one) 96722 Phone: 333-693-3022 Email: paul-labella@hotmall.com J*/J Owner of the Property F1 Lessee of the Property F✓ Authorized Agent (Holder of at least 75% of the equitable and legal title) Lessee must have an unexpired date of filing of this application. and recorded lease of five (5) years or more from the if not, Owners) must provide a Letter of Authorization. Attach Letter of Authorization Transmittal Date: County Zoning District: RR-1D additional sheets, if necessary) Tax Map Key(s): (4) 5-4-12:11 Land Area: 8.061 AC Nature of Development: REPLACEMENT ATRIUM GLASS ROOF (Description of proposed J structure or subdivision) NO PERMITS WILL BE ISSUED WITHOUT PLANNING COMMISSION ACCEPTANCE, EXCEPT AS PROVIDED IN §5-27.8(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, �✓ hotos and/or documentation. Properties Abutting the Shoreline Q Project's approximate distance from shoreline: 360 FT, Properties Not Abutting the Shoreline fL—JT Project's approximate distance from shoreline: Additional Information: F✓ Closest distance of improvements) from Shoreline is approximately 200 tt ❑ Number of parcels and type of improvements (roads, buildings, structures) between Shoreline and this parcel: -1- 3iosns PLANNING DEPARTMENT SHORELINE SETBACK APPLICATION FOR OFFICIAL USE ONLY: SSD 201 Acceptance Date: Website Posting Date: Determination Date: Planning Commission Date: Expiration Date: Planner Assigned: �✓ Topography (undulating, flat, slope, etc.) and ground elevation of subject parcel (Lowest and Highest elevations) FLAT TO ROCKY CLFF TO BEACH ❑✓ Shoreline type (e.g. beach, dune, rocky, sandy with rocky outcropping, etc.) 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): ElIs property in coastal floodplain (if checked, what zone)? Has this property been subject to coastal hazards in the�ast? (If checked, If the proposed structure or subdivision is within the shoreline setback area then, please be aware that if the determination of a structure is approved, the Applicant shall agree in writing that the Applicant, its suocessors, and permitted assigns shall defend, indemnify, and hold the County of Raua`i harmless fi-om 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). Applicants Requirements of Ordinance No. 979 are applicable. -2- 3iosns PLANNING DEPARTMENT SHORELINE SETBACK DETERMINATION If Part A has been deemed that a Determination will be necessary, the additional information will be required for submission of this application. Part B Exemption Determination ✓0 A non-refundable processing fee of one hundred dollars (SM0,00) 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) `Vor `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 Pursuant to 8; 27.3 the Kauai County Code, 1987 as amended, the Planning Department hereby certifies the propose�gltuure(s)�subdivision(s) as exempt from those shoreline setback determination requirements 3- 3iosns ,.I� �. ,izl •la _ . 11I^, i•hs4' ! �'1`�•i ( 91ii, l:k •t�; h71 .I.. FOR H: COVER ille- SECURE BUILDING4. 1 r I ' I!11; UN11T 9304; 5454 KA HAKU ROAD, HANALEI, MALWAH If you have any questions, please feel free to call me of 7 PAUL LaBELLA C- Vdallace G.ltezentes Fr. Managing Director October 30, 2017 PO BOX 23584 Princeville, HI 96722 Alin. Paul LaBella Lyle i abata Acting County Engineer Subject: SHORELINE SETBACK APPLICATION SUBSTANTIAL IMPROVEMENT DETERMINATION INTERIOR RENOVATIONS TO UNIT 304 —PUU PO'A CONDOS BLDG I TMK: (4) 5-4-012:011-0032 Dear Mr. LaBella, 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 (DPW} Engineering Division has reviewed the proposed atrium glass roof replacement to Unit 304 in Building 1 of the Pu'u Po' a Condominiums. The structure contains 24 units. DPW has detemvned that the proposed improvements do not constitute a substantial improvement. A summary of the calculations follows. Market Value There were seven (7) other building pernuts approved for the structure within the past ten years. There is also a building peirnit for work in Building 1 that is currently under review. The first permit was approved in 2008. Since the Replacement Cost New Less Depreciation (RCNLD) was not used for the assessment in the year 2008, the market value used in the calculations is the 2008 Assessed Building:Value alue for the structure as determined by the County's Real Property Assessment Division. The 2008 Assessed Building Value was determined to be $30,374,400. If the owner chooses to dispute this value, then an appraisal of the structure must be provided at the owner's expense. The appraisal shall be prepared by a professional appraiser licensed in the State of Hawaii and the market value shall be based on the "Cost Approach" (or RCNLD) .4n Equal Opportunity Employer Puu Poa - LaBella Shoreline Setback Application — Substantial Improvement Determination 1 r J ti jJf October 30, 2017 �J 1 ;- - Cost gflmprovements The cost of improvements for previous building permits are taken from the valuations shown in DPW Building Division records. We reviewed the cost estimate prepared by Sun -Spaces, ABS Construction, LLC that was submitted to the Engineering Division on October 24, 2017. The total cost of replacing the atrium glass roof for Unit 304 was estimated to be $46,940.80. The cost is summarized as follows for the past 10 years: BP 15-0470 $S,000.OD ? TAIL COST BP 13-2338 $60 000 00 BP 10-2245 $5 000,00 BP 10-0886 $401000.00 I ---------------------------- BP 1 10-0495 $37,500.00 i - BP - 08-0424 - $15,000.00 BP 07-1526 ---------- r f ---- - $35,000.00 BP 17-1959 In Plan Check ; $100,000.00 BP 17-2142 CURRENT $46.940.80 I $3441440.80 Summary The cost of improvements compared to the market value is: Cost of Improvements (past 10 years): $34� 440.80 Market Value (Real Property): $30,374,400 — 0.01134 or I.I3% Since the total cost does not exceed 50% of the market value, the improvement is not considered to be substantial. as on our'records there were no other permits for the structure within the past ten years. However, if any unpermitted worlt has been done, or if there are modifications to This application, our determination shall be considered void and the structure must be re- evaluated. If you have any questions or need additional information, contact Stanford Iwamoto at (808) 241-4896 or siwamotona auai.gov. �I CHAEL • Divisionief, Engineering SUBV Copy: Design and Permitting Planning PLANNING DEPARTMENT SHORELINE SETBACK APPLICATION FOR OFFICIAL USE ONLY: SSD 201 b - Acceptance Date: 1/ Website Posting Date: l Determination Date: Z• Planning Commission Date: Expiration Date: Planner Assigned: Instructions: File all information requested under Part A for processing the Determ nation of Applicability (§8-27.1), including signature page. Fill out Parts A and B if you know, due to proximity of the shoreline, that your parcel will require a Certified Shoreline Survey. If you are proposing a permitted structure or subdivision within the shoreline setback area fill in Part C. For applications involving a variance, complete Part D. A licant Information Applicant: ANINI BEACH HALE LLC Mailing Address: A liLa s Status: 1100 ALAKEA ST. SUITE 2500 HONOLULU, HI. 96813 (Check one) Phone: 212-4006 Email: ombs@princeville.com Owner of the Property nLessee of the Property Q✓ Authorized Agent I (Holder of at least 75% of the equitable and legal title) Lessee must have an unexpired date of filing of this application. and recorded lease of five (5) years or more from the If not, Owner(s) must provide a Letter of Authorization. I Attach Letter of Authorization Transmittal Date: County Zoning District: open Tax Map Key(s): (4) 5-a-oo�:oos Land Area: 32,e1a sF Nature of Development: REPLACE EXISTING ROOF, ADD ENTRY PORCH (Description of proposed 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, hotos and/or documentation. Properties Abutting the Shoreline 150 FT Q Project's approximate distance from shoreline: Properties Not Abutting the Shoreline Project's approximate distance from shoreline: Additional Information: 150 FT ❑�✓ Closest distance of improvements) from Shoreline is approximately ft I_ I Number of parcels and type of improvements (roads, buildings, structures) between Shoreline and this parcel: NI ROAD IS BETWEEN PROJECT, AND SHORELINE. PRCEL INCLUDES ANINI -1- 3rosns PLANNING DEPARTMENT SHORELINE SETBACK APPLICATION FOR OFFICIAL USE ONLY: SSD 201 - Acce tance Date: Website Posting Date: Determination Date: Planning Commission Date: Expiration Date: Planner Assigned: �✓ Topography (undulating, flat, slope, etc.) and ground elevation of subject parcel (Lowest and Highest elevations) 3FT AMSL TO 6FT AMSL Q✓ Shoreline type (e.g. beach, dune, rocky, sandy with rocky outcropping, etc.) 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): 0 Is property in coastal floodplain (if checked, what zone)? vE 11 _Has this property been subject to coastal hazards in the fast? If checkedz If the proposed structure or subdivision is within the shoreline setback area then, please be aware that if the determination of a structure is approved, the Applicant shall agree in writing that the Applicant, its successors, and permitted assigns shall defend, indemnify, and hold the County of 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 Setback $etergiinafion�ecgssary. Requirements of Ordinance No. 979 are applicable. PLANNING DEPARTMENT SHORELINE SETBACK DETERMINATION If Part A has been deemed that a Determination will be necessary, the additional information will be required for submission of this application. Part B Exemption Determination Arlon -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 (FEN/IA) Flood Insurance Rate Map (FIRM) `Vor `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 Those structures and uses found exempt in Table 3 (§8-27.7) (see pg. 5-6) QLetter from the Department of Public Works stating that the proposed project does not constitute "Substantial Improvement," pursuant to§8-27.2 Exem tion Determination (to be completed by Plannin De artment Pursuant To §8-27.3 the I{aua`i County Code, 1987 as amended, the Planning Department hereby certifies the propose ture(s) or su vision(s) as exempt from those shoreline setback determination requirements estab' he under§8-27.5 Date -3- 3/OS/15 Iv h 4 '.r'VA� s ee j w O ° � o Bernard P. Carvalho, Jr. Mayor Wallace G. Rezentes, Jr. Managing Director DEPARTMENT OR PUBLIC WORKS County of Kauai, State of Hawaii 4444 Rice Street, Suite 275, Llhu`e, Hawaii 96766 TEL (808) 241-4992 FAX.(808) 241-6604 November 30, 2017 `Anini Beach Hale LLC 1100 Alakea St. Suite 2500 Honolulu, HI 96813 Subject: SHORELINE SETBACK APPLICATION SUBSTANTIAL IMPROVEMENT DETERMINATION `AN1NI BEACH HALE LLC, REPLACE EXISTING ROOF, ADD ENTRY PORCH TMK: (4) 5-3-007:006 PW 11.17.080 To whom it may concern; 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 (DPW) Engineering Division has reviewed the proposed porch additions and roof replacement work. DPW has determined that the proposed improvements do not constitute a substantial improvement. A summary of the calculations follows. Market Value There were no building permits approved for the structure within the past 10 years. Therefore, the market value used in the calculations is the current Replacement Cost New Less Depreciation (RCNLD) value for the structure as determined by the County's Real Property Assessment Division. The 2017 RCNLD was determined to be $107,900, If the owner chooses to dispute this value, then an appraisal of the structure must be provided at the owner's expense. The appraisal shall be prepared by a professional appraiser licensed in the State of Hawaii and the market value shall be based on the "Cost Approach" (or Replacement Cost New Less Depreciation). Cost of Improvements The total cost of improvements for the proposed porch addit ons and roof replacement work was provided in a cost estimate prepared by general contractor Michael Lander. The cost estimate An Egual Opportunity Employer 66 i G 'A�1 ter• F �ry.I> la off, a T n . <n n �i <�Xp O �S1A �m�.. S rG A NO m 0 sire PLAN MATTHEW SCHALLER, ARCHITECT INC � w LOCATION MAP P.O.BOX 120 HANALEI, KAVAI, HAWAll96]i4 (606)626�4699; FAX 626969] _ , � �� � vicwirvMAP ANINI ROOF MODIFICATIONS "` - TMK 5-3-007:006; 4371 ANINI ROAD ��P10 �� ' MATTHEW SCHALLER, ARCHITECT INC FLOOR PLANS P,O. BOX 120 HANAIEI, KAUAI, HAWAII 96Ii4 (808) 826-4fi99; FAX 826 969] / / ANINI ROOF MODIFICATIONS I\\ � TMK 5-3-007:006; 4371 ANINI ROAD \�_.J m w O 2 z m' Z z D x 0 1 = C O A N W C N m 2 N N m C N m a � m m m Ao r A 3 uA O O { O� n � a � O z MATTHEW SCHALLER, ARCHITECT INC DP.O. SECTIONS BO%120 HANAIEI, KAUAI, HAWAll 96]14 (808) 8264699; FAX 826569] � / J I ANINI ROOF MODIFICATIONS ww N TMK 5-3-007:006; 4371 ANINI ROAD m z o z m g - ROOF FRAMING PLAN MATTHEW SCHALLER, ARCHITECT INC /� D p,0. BOX 110 HANALEI, KAUAI, HAWAll96]14 (806) 826�4699; FAX 826�969] m � ',, (� SECTION DETAILS ANINI ROOF MODIFICATIONS j t�_, •,' �I TMKS-3-007:006; 4371 ANINI ROAD December 5, 2017 County of Kauai Planning Department 4444 Rice Street Lihue, Hawaii 96766 To Whom It May Concern: The following named person, Matthew Schaller whose specimen signature as indicated is herewith authorized as an Agent of Authority to sign documents in connection with TMK (4)-5-3-007-006 at 4371 Anini Road, Atimi Beach Hale LLC. Name of Company: PRW Princeville Development Company LLC Address: 5-3900 Kuhio Highway, Suite 201 Princeville, Hawaii 96722 0 Matthew Schaller, Architect '" `° Any further additions or deletions will be made in writing. Sincerely, Sean Combs Resort Manager PRW Princeville Development Company, LLC 5-3900 Kuhio Highway, Princeville, Hawaii 96722 Phone 808.826.5000 Fax 808.826.9592