HomeMy WebLinkAboutJuly17,2017ShorelineSetbackDeterminationApplicationsPLANNING DEPARTMENT
SHORELINE SETBACK APPLICATION
FOR OFFICIAL USE ONLY:
SSD 201
Acceptance Date:
—1
20
Website Posting Date:
Determination Date:
Planning Commission Date:
fj `'
ExpirationDate:
To
Planner Assigned:
Instructions: File all information requested under Part A for process ng 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:
Hawaiian
Preservation Trust
Mailing Address:
Applicant's Status:
3016b Pacific
Malibu, CA
(Check one
Coast Highway #380 Phone:
90265 Email:
✓ 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 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:
YrojeCt Information (attach (attach additional sheets, if necessary
County Zoning District: pen Tax Map Key(s): nl S
Land Area: S••
Nature of Development: Renovation of exisfg. buildings; 1. Renovate roof of main res; 2.Renov./
(Description of proposed raise Garage/Fitness Room. 3.Raise Workshop/Storage building;
structure or subdivision) 4. Renovate ADU; 5. Provide a new fence/gate.(See Attach. Description)
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 100' - 155'
Project's approximate distance from shoreline:
erties Not Abutting the Shoreline
Prop
Project's approximate distance from shoreline:
Additional information: 100
❑ CIosest distance of improvement(s) from Shoreline is approximately 8.
❑ Number of parcels and type of improvements (roads, buildings, structures) between Shoreline and this parcel:
-1-
3/OS/15
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)
Shoreline type (e.g. beach, dune, rocky, sandy with rocky outcropping, etc.)
pw w'apF4j4PK9
Artificially armored Shoreline \
BIf checked, what type of armoring (e.g. seawall, revetm0� a'�d ) ent, bulkhead): A90IS (l%U** *'
Is the armoring permitted/authorized?
Date of authorization (attach copy of authorization letter):
Is property in coastal floodplain (if checked, what zone)? V M I lI1
Has this property been subject to coastal hazards in the past? (If checked,ease describe) —
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, plicant, its successors, and permitted assigns shall defend,
indemnify, and hold the County of I{aua`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 an e filing of such with the Director shall be a prerequisite to the issuance of any related building
peemifi" 8-2 .7(b)(6). _
Date
be
Setback De�mination�rlecessary. Requirements of Ordinance No. 979 are applicable.
5�
9 I /
Date
2-
3/OS/15
PLANNING DEPARTMENT
SHORELINE SETBACK DETERMINATION
If Part A has been deemed that a Detexrnination will be necessary, the additional information will be required fox
submission of this application.
Part B
Exemption Determination
❑ A non-refundable processing fee of one hundred dollars ($100.00) shall accompany a request for determination.
(§8-27.8(e))
❑ Exemption 1
In cases where the proposed structure or subdivision satisfies the following four criteria:
(A) In cases where the proposed structure or subdivision is located outside of the Federal Emergency
Management Agency (FEMA) Flood Insurance Rate Map (FIRM) `V' or `VE' flood zones;
(B) The proposed structure or subdivision is located at an elevation which is thirty (30) feet above sea level
or greater;
(C) The applicant can demonstrate to the satisfaction of the Planning Director that the property is clearly
adjacent to a rocky shoreline and that it will not affect or be affected by coastal erosion or hazards; and -
(D) The shoreline setback shall be sixty (60) feet from the certified shoreline which has been established
not more than twelve (12) months from the date of the application for the exception under this section.
❑ Exemption 2
In cases where the applicant can demonstrate to the satisfaction of the Planning Director that the applicant's
proposed structure or subdivision will not affect beach processes, impact public beach access, or be affected by or
contribute to coastal erosion or hazards, excluding natural disasters. Factors to be considered shall include, but not
be limited to, proximity to the shoreline, topography, properties between shoreline and applicant's property,
elevation, and the history of coastal hazards in the area.
Co
Exemption 3 1*:
Those structures and uses found exempt in Table 3 (§8-27.7) (see pg. 5-6)
❑
Exemption
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 completed by Planning Department)
Pursu to�`§8-27 " e Kauai County Code, 1987 as amended, the Planning Deparhment hereby certifies the
prop sed spruc r.e(s) qr subdivision(s) as exempt from those shoreline setback determination requirements
eslnblishe
3-
3iosns
AVERY YOUN, ARCHITECT
4=1579 KUHIO HIGHWAY
STE. 211
KAPAA, HAWAII 96746
averyyoun@gmail.com
PH. (808) 246 9414
June 19, 2017
Jody Galitano
Kauai Planning Department
RE: HAWAIIAN PRESERVATION TRUST
SSD/SMA APPLICATION
3968A and 3952 Anini Road
Anini, Kauai, Hawaii
Dear Ms. Galitano,
Attached are amendments to the above applications, to address the existing
outdoor shower and wood stump fence located within the shoreline setback. The
project descriptions have been amended as well as the site plans to indicate the
locations of these items. The shower has been in existence prior to adoption of
the Comprehensive Zoning Ordinance and the wood stump fence has been
knocked down so it's no longer a barrier.
Should any additional information be required, please contact me at 639 7999.
Your assistance in processing this application will be greatly appreciated.
ANINI BEACH PROJECT
TMK: 5-3-05: 01, Units 1 & 2
PROJECT DESCRIPTION
A. Location Description:
At Anini Beach fronting the shoreline, approximatey 60 feet west of Anini Beach
Park. The deed originally contained a total area of 52,203 sq. ft., however,
based on an estimated shoreline of August, 2015, the revised parcel area is at
41,630 sq. ft. The property is located within the Flood Zone (VE Tsunami
District) with a base flood elevation of 11 feet above MSL (Mean Sea Level). The
average existing ground elevation approximates 10'above MSL.
The shoreline frontage is approximately 204 feet along Anini's sandy shoreline,
approximately half of which contains a rock rubble wall, inland from the beach
and approximately 3 feet high. The shoreline vegetation consists of mature
ironwood, kamani trees and naupaka, and offshore Anini reef protects this
shoreline property from severe beach erosion.
The property was CPR'd (Anini Hide -A -Way) into 2 units in 2011. There are four
(4) existing structures on the property;
B. Site Description:
The subject property is located along Anini Beach Road approximately 60 feet
west of the Anini Beach Park and fronts the shoreline to the north. The property
was CPR'd (Anini Hide -a -way) into 2 units in 2011.
1. Buildings: There are four (4) existing structures on the property; Unit A
includes a residence, a garage/fitness studio, and a workshop/storage building,
while Unit B contains an Additional Dwelling Unit (ADU). Since the Main
residence and the Garage/Fitness Room were constructed in 1959 prior to the
adoption of the zoning ordinance and FEMA Regulations, both are non-
conforming structures in that the finish floor elevation is at 10' MSL, or one(1)
foot below the flood elevation of 11' MSL.
The main building is setback approximately 100 feet from the shoreline; the
garage/fitness room approximately 152 feet; the workshop/storage approximately
155 feet; and the ADU approximately 130 feet.
2. Shoreline: The shoreline frontage is approximately 204 feet along Anini's
sandy shoreline, approximately 60 feet of it contains a rock rubble wall
approximately 3 feet high, situated inland of the sandy beach. The shoreline
vegetation consists of mature ironwood and kamani trees and naupaka. The
offshore Anini reef protects this shoreline property from severe beach erosion.
3. Existing Structures Within Shoreline Setback:
a. Outdoor shower: An existing outdoor shower as noted on the attached
site plan was already on the property at time of purchase and is believed
to have been installed by the former owner. It is considered a legal non-
conforming use since it has been there for many years, prior to adoption of
the current Comprehensive Zoning Ordinance.
b. Wood Stump Fence: In addition to the outdoor shower, some large tree
trunks approximately 2-3 feet high and 2+ feet in diameter were placed
standing up in the NE corner of the property, approximately 25 feet in
length, these of which were installed several years ago. Because it is
considered a "fence", installed without any record of a shoreline permit,
the logs were knocked over so that it is no longer functions as a fence,
and can now be removed.
C. Existing Buildings/Proposed Renovation:
The three (3) structures on Unit A are:
1. Main Residence (Constructed in 1959): An older single story wood frame
building with a shallow roof pitch, containing 2,400 sq. ft., with 2 bedrooms and 2
baths, nd 357 s.f. of lanais. This is a non -conforming structure being that its in
the VE Tsunami zone and the finish floor elevation is at 10'MSL, or one (1) foot
below the flood elevation.
The proposed renovation on this building is to raise the roof by moving the
ridgeline to the north and raising the makai wall plate line from 7'-6" to 105455 to
accommodate higher windows and improve the ocean view. The existing
ridgeline will be extended to the north, from 11'4feet high to 13'-6" from grade to
peak. No increase in floor area is proposed and therefore the building footprint
remains the same.
Also proposed is a reconfiguration of the existing lanais. There are three (3)
lanais totaling 357 s.f., A smaller lanai fronting each door will be provided; four
are proposed at 32 s.f. each, resulting in a reduced lanai area and lot coverage,
from 357 s.f. to 128 s.f., or 229 s.f. less.
2. Garage/Fitness Room (Constructed in 1959):
Also an older wood frame structure consisting of 1,386 sq. ft., containing a
garage, fitness room with bathroom, and a screened lanai that contains a sauna.
This structure is also non -conforming, with its finish floor below 11'MSL. The
intent is to remove 734 sf of floor area on the ground level, which includes a
portion of the garage (481 so and lanai (253 so, raise the fitness/bathroom
section approximately 8-9 feet, and move the lanai to the upper level. The
fitness/bathroom portion will be raised to be above the FEMA flood elevation: the
lanai will also be raised and reconfigured (239 so. The raised level will contain
616 s.f. of floor area. The lower level will be an open deck with storage with a
floor area of 876 s.f., and a landing /stairway of 104 sf.
The building footprint/lot coverage floor area for this structure will be reduced by
510 s.f.
3. Workshop/Storage (Constructed in 1993):
An existing wood frame structure consisting of 558 sq. ft. This building was
permitted and constructed after effectuation of the FEMA Flood Zone
requirements and would therefore be considered a conforming structure. The
proposed renovation of this structure is to elevate it approximately 10 feet to
allow parking below to replace the garage removed in building 2 above, and add
a stairway. The existing workshop portion contains 511 s.f. and the stairway
adds 72 s.f. A 4' apron is added in front by the garage doors so that a truck
could fit within it, adding 96 s.f. more. Thus the overall building footprint
increases from 558 s.f. to 671 s.f., or 113 s.f. more than the existing footprint.
The upper level is proposed to function as a music room with a half bath and
lanai and contains approx. 530 s.f.
4. Unit B (ADU)
Additional Dwelling Unit: A two-story structure built in 1994, with a carport and
storage room on the ground level containing 780 s.f., and a living/kitchen studio
with one bath (680 so and two lanais containing 625 s.f., on the second floor.
This residence is used as a vacation rental and is a conforming structure, in
compliance with flood zone requirements.
The proposed renovations to this structure on the lower level include re -building
the existing stairway and relocate it 12 feet to the north, remove the walls within
the existing storage area to create an open space, and enclose the existing
garage (256 so with "breakaway walls" to be a storage area. On the upper level,
the rear deck (156 so and the stairway on the makai lanai will be removed. The
kitchen and bath will be remodeled. Overall, the building footprint will be reduced
by 200 s.f. from the removal of the rear lanai and makai stairs, and relocation of
the stairway.
5. New Fence: An existing fence and gate fronting the property along Anini Road
will be replaced.
D.
Lot
Coverage:
Existing
Lot Coverage
New Lot Coverage
1.
Main Residence:
2,400
sf
27400
sf
Lanais: (357sf x 50%)
179
sf
128
sf
less 51 sf
2.
Gar./Fitness Studio
1,386
sf
876
sf
less 510 sf
3.
Workshop:
558
sf
671
sf
plus 113 sf
4.
ADU:
1167
sf
1,021
sf
less 146 sf
Liv. area
(680 so
(680
so
Cov. Lanai
(260 sf)
(288
so
Cov. Stairs
(96 so
(0
so
Open lanai (156x50%)
(78 sf)
(0
sf)
Open
lanai/stairs
(106x50%=
53 sf)
(53
so
TOTAL LOT COVERAGE 51690 sf 5,096 sf. (594 sf less)
D. Construction Costs
Unit A:
1. Main Residence Roof Renovation
2. Garage/Fitness Studio Renov.
3. Workshop/Storage Renovation:
Unit B
4. ADU Renovation
Contractor's
Estimate:
$102,275.00
Contractor's
Estimate:
$62,290.00
Contractor's
Estimate:
$49,550,00
Contractor's Estimate: $59,600.00
5.
New
Fence/Gate:
Contractor's
Estimate:
$5,043.00
TOTAL
CONSTRUCTION COST:,,,,,,,,,,"
......... A..... $278,708.00
Based on the above
information, the
total
construction is less than the
$500,000.00
limit,
thus
qualifying
for an
SMA
Minor Permit,
Market
Value
of
property
Unit A: .............. $3,130,000.00*
Unit B:.....................
$178987100.00*
1. Main Residence: .............
Replacement
Cost Value:
$649,890.00**
2. Garage/Fitness Studio:.....
Replacement
Cost Value:
$180,000.00**
3. Workshop/Storage:..........
Replacement
Cost Value:
$102,240.00**
4. Unit B ADU:...............
Replacement
Cost Value:
$266,880.00**
*County of Kauai Real Property Assessment
**Appraisal (Tom Hegarty)
Of the above four structures, buildings 3 and 4 are in conformance with current
zoning and building codes. Buildings 1 (Main Residence) and Building 2
(Garage/Fitness studio) are non -conforming since its finish floor is below the
flood elevation. Building 2 however, will be elevated and brought into conformity
after renovation.
cot
O! —
rsv —
DEED BOUNDARy
AT HIGH WATER MARK
AS SHOWN ON FlLE PLAN
AUG. 21 1953
I SAN°Y SFAS .
ESTIMATED
- W SHORECIN
j 13 I ®� f AUG 2oi5
ROCK WALL , _ --1
,ACRE
ZONE CPR BDY 0
I VEII
10 83' SETBACK BASED
ON ESTIMATED SHORELINE
AUG, 2015
SETBACK BASED `
DN ESTIMATED SHORELINE
❑ 9� AUG. 2015
I ' 29Dsf x .5=145sE `
' Ranch Hour° .4.=n2
I Fc=8.50
I (2,395sf)
d OOD
{ _ RI GE
d - ,
j Land
(248sf) /
d I 5 (est.). .
d (561si) f^ GATE' (1.146sf)
1
STEPS j
/ td
/ RESIDENCE L 1 l
FE6=7.13 tS 1
FFA=15.8 1 '
® aewr. _ o r MAILBOk
Me HEADWALL � "F6
NIKII S§ BEACH ROAD
EXHIBIT C
�di'Je ai.1G�
GATE
Bernard P. Carvalho, Jr.
Mayor
Wallace G. Rezentes9 Jr.
Managing Director
Avery Yours
4-1525 Kubi`o highway
Kapa'a, HI 96746
17 aA2tr a�J _
DEPARTMENT OF PUBLIC WOIZ,KS
County of Kauai, State of Hawaii `-' ��:
4444 Rice Street, Suite 275, L3hu`e, Hawaii 96766
TEL (808) 241-4992 FAX (8D8) 241-6604
May 22, 2017
Subject: SHORELINE SETBACK APPLICATION
SUBSTANTIAL IMPROVEMENT DETERMINATION
RENOVATIONS TO FOUR EXISTING BUILDINGS
TMK: (4) 5-3-005:001 UNITS A AND B
Dear Mr. Yours,
This is in response to your letter dated January 14, 2017 which requested that substantial
Improvement Determinations (SID) be performed for four buildings on the subj ect property. The
SID found that the renovations that are proposed for the four buildings are not considered
substantial improvements.
Your letter states that the "renovation work is proposed in accordance to Sec. 8-27.7, Permitted
Structures within the Shoreline Setback Area, Item (6) which allows repairs that do not constitute
a `substantial improvement' of the structure." We would like to point out that although the
improvements were considered to be unsubstantial, the proposed renovation work includes both
alterations and repairs.
The Kauai County Shoreline Setback and Coastal Protection Ordinance (Ordinance No. 979)
Section 8-27.2 defines substantial improvement as "any cumulative series ofrepairs,
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 defmifion, substantial improvement is considered to occur when the first
alteration of any wall, ceiling, floor, or other structural part of the building commences, whether
or not that alteration affects the external dimensions of the structure."
The Department of Public Works -Engineering Division (DPW) has reviewed the proposed
renovations and improvements involving four (4) separate structures on the subj ect property. The
determination of substanfial improvement is done separately for each structure.
An Equal OppoYtunity EmployeY
Hawaiian Preservation Trust, LLC
Substantial Determination for TMK 5-3-005-001
May 22, 2017
Page 2 of 4
MAIN RESIDENCE
The main residence is a single story structure and the proposed construction consists of raising
the roof and the makai side wall and replacing windows around the structure. DPW has
determined that the proposed improvements do not constitute a substantial improvement. A
summary of the calculations follows.
Market Value
The market value used in the calculations is from the appraisal completed by Thomas Michael
Hegarty. He estimated the market value of the real property to be $649,890, as of November 28,
2016, which is the date of inspection and the effective date of the appraisal. Mr. Hegarty is a
professional appraiser licensed in the State of Hawaii (License # SLA — 3 86) and the market value
was based on the "Cost Approach."
Cost of Improvements
There were no building permits approved for the main structure within the past ten years. The
total cost of improvements for the proposed roof raise and renovations to the main residence is
taken to be the cost estimate of $102,275 that was prepared by S.G. Builders LLC, dated
November 22, 2016.
Summary
The cost of improvements for the Main Residence compared to the appraised value is:
Cost of Improvements (past IO years): $102, 275 = 0. I574 or 15.74%
Market Value (Appraisal): $ 649,890
GARAGE/FITIVESS STUDIO
The existing garage/fitness studio is a single story structure and the proposed construction work
consists of raising structure above the FEMA flood elevation and constructing an open deck and
storage below the raised structure. DPW has determined that the proposed improvements do not
constitute a substantial improvement. A summary of the calculations follows.
Market Value
The market value used in the calculations is from the appraisal completed by Thomas Michael
Hegarty. He estimated the market value of the real property to be $180,000, as of November 28,
2016, which is the date of inspection and the effective date of the appraisal.
Cost of Improvements
There were no building permits approved for the garage/fitness studio within the past ten years.
The total cost of improvements for the proposed renovations to the existing garage/fitness studio
is taken to be the cost estimate of $62,290 that was prepared by S.G. Builders LLC, dated
Hawaiian Preservation Tnrst, LLC
Substantial Determination for TMK 5-3-005-001 1
May 22, 2017
Page 3 of 4
November 22, 2016. The proposed improvements include raising a portion of the structure to an
elevation above the base flood elevation.
Summary
The cost of improvements for the Garage/Fitness Studio compared to the appraised value is:
Cost oflmprovements (past 10 years): $62,290
Market Value (Appraisal): $180, 000 = 0.346 or 34.6%
WORKSHOP/STORAGE
The existing workshop/storage is a single story structure and the proposed construction work
consists of raising the structure above the base flood elevation and constructing a new garage
area below the raised structure. DPW has determined that the proposed improvements do not
constitute a substantial improvement. A summary of the calculations follows.
Market Value
The market value used in the calculations is from the appraisal completed by Thomas Michael
Hegarty. He estimated the market value of the structure to be $102,240, as of November 28, 2016,
which is the date of inspection and the effective date of the appraisal.
Cost of Improvements
There were no building permits approved for the workshop/storage within the past ten years.
The total cost of improvements for the proposed raising and renovations to the workshop/storage
is taken to be the cost estimate of $49,550 that was prepared by S.G. Builders LLC and
submitted with a contractor's affidavit on May 1, 2017 to the Engineering Division.
Summary
The cost of improvements for the Workshop/Storage compared to the appra se d value is:
Cost oflmprovements (past 10 years): $49, 550
Market Value (Appraisal): $102, 240 — 0.485 or 48.5%
ADDITIONAL DWELLING UNIT (ADU)
The existing ADU is a 2-story structure and the proposed construction work consists of enclosing
the lower level, removing the walls within the existing storage area and renovating the stairs and
upper level living area. DPW has determined that the proposed improvements do not constitute a
substantial improvement. A summary of the calculations follows.
Market Value
There was one building permit approved for the structure within the past ten years. The first
building permit, BP 09-0061, was approved in 2010. Therefore, the market value used in the
calculations is the 2010 Replacement Cost New Less Depreciation (RCNLD) value for the
Hawaiian Preservation Trust, LLC
Substantial Determination for TMK 5-3-005-001
NI ay 22, 2017
Page a of 4
structure. The market value used in the calculations is from the 2010 appraisal completed by
Thomas Michael Hegarty. He estimated the market value of the structure to be $193,725, as of
January 1, 2010 and the effective date of the appraisal.
Cost of Impfovements
The cost of improvements for the past building permit is taken to be the valuation shown in
DPW Building Division records. The cost of improvements for the proposed renovations to the
existing ADU is the cost estimate of $59,600 that was prepared by S.G. Builders LLC, dated
November 22, 2016 and submitted with a contractor affidavit on May 9.2017 via email to the
Engineering Division. The total cost is sira marized as follows for the past 10 years:
BP 09-0061I
i
-----------------
CURRENT BP !
,600
$59,600
----------------------------- ------------------
TOTAL
$86,200 !
----------------------------------------
The cost of improvements for the ADU compared to the market value is summarized as follows:
Cost oflmprovements (past 10 years): $86,200 — 0.4449 or 44.5%
Market Value (Real Property): $193, 725
Since
the total cost
of each structure
does not exceed 50% of the market value, the unprovements
is not
considered to
be substantial.
Based on our records there were no other permits for these structures within the past ten years.
However, if any unpermitted work has been one, 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 quesfions or need additional information, contact Stanford Iwamoto at (808)
241-4896 or siwamoto(c�kauai.gov.
Sincerely,
MICHAEL MOULE, P.E.
Chief, Engineering Division
BV/SI
Copy to: Design and Permitting
Planning
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PLANNING DEPARTMENT
FOR OFFICIAL USE ONLY;
SSD 201 W -
Acceptance Date:
website Posting Date:
.—(
Detemilnation Date:
Planning Commission Date:
Expiration Date:^0-1
Plainer Assi ed:
Instructions: File all information requested under at 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 Partp.
' A 'licant Information
Applicant: GCT PROPERTIES, LLC
Mailing Address: 1717 Akahi St. Floor 2 Phone: 808 245 3975
Honolulu, HI 96813 Email:
Applicant's Status: (Check one)
Owner of the Property
❑ Lessee of the Property
❑✓ Authorized Agent
(Holder of at least 75 % of the equitable and legal title)
Lessee must have an unexpired and recorded lease of five (5) years or more from the
date of filing of this application. If not, Owner(s) must provide a Letter of Authorization.
Attach Letter of Authorization
Transmittal Date: April 10, 2017
Project Information
(attach additional sheets, if necessary)
County Zoning District: Resort Residential RR-20 Tax Map Key(s): 4-3-07:011
Land Area: 4.002 Ac.
Nature of Development:
(Description ofpropesed--
structure or subdivision)
Interior repairs and renovation of 72 units in four existing buildings, to Ind, bath,
-renovation; include-3 ADA-baths;-replace -flooring/fixtures,-repair railings;- etc. -(3EE
ATTACHED PROJECT DESCRIPTION AND PLANS)
NO PERMITS WILL BE ISSUED WITHOUT PLANNING COMMISSION ACCEPTANCE,
EXCEPT AS PROVIDED IN so-41 kc)ko)
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: approx. 20'to 160'
❑
❑ Properties Not Abutting the Shoreline
Project's approximate distance from shoreline:
® Additional Information: .
❑ 'Closest distance of improvement(s) from Shoreline is approximately 20 ft.
❑ Number of parcels and Type of improvements (roads, buildings, structures) between Shoreline and this parcel:
-1-
s/as/ss
PLANNING DEPARTMENT
FOR OFFICIAL USE ONLY:
SSD 201
Acceptance Date:
Website Posting Date:
Determination Date:
Planning Commission Date:
Expiration Date:
Planner Assi ed:
® Topography (undulating, flat, slope, etc.) and ground elevation of subject parcel (Lowest and Highest elevations)
❑ Shoreline type (e.g. beach, dune, rocky, sandy with rocky outcropping, etc.)
shelf, intermittent sand, with existing conc. revetment
Arti£ciallyarmoredShoreline ❑ If checked, what type of armoring (e.g. seawall, revetment, bulkhead): revetment
❑ Is the armoring permitted/authorized? Yes
®❑ Date of authorization (attach copy of authorization letter):
✓ Is property in coastal floodplain (if checked, what zone)? sHoae,vrreLoGs. zoNax
Has this EroacAy been subject to coastal hazards in th�.past? (If checkedlease describ,
Furricane damage in restaurant portion, 1992
If the proposed stmeture 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
_.. __ -.___applicabtwith-theBureanofGonveyances-or the-hand-Court;-whisheverisapplicahle,-no-later than#Irirty-(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).
PLANNING DEPARTMENT U
If Part A has been deemed that a Determination will be necessary, the additional information will be required for
submission of this application.
Part 13
Exemption Determination
® A non-refundable processing fee of one hundred dollars shall accompany a request for determination.
(§8-27.8(e))
❑ Exemption 1
In cases where the proposed structure or subdivision satisfies the following four criteria:
(A) In cases where the proposed structure or subdivision is located outside of the Federal Emergency
Management Agency (FEMA) Flood Insurance Rate Map (FIRM) `V' or `VE' flood zones;
(B) The proposed structure or subdivision is located at an elevation which is thirty (30) feet above sea level
or greater;
(C) The applicant can demonstrate to the satisfaction of the Planning Director that the property is clearly
adjacent to a rocky shoreline and that it will not affect or be affected by coastal erosion or hazards; and
(D) The shoreline setback shall be sixty (60) feet from the certified shoreline which has been established
not more than twelve (12) months from the date of the application for the exception under this section.
® Exemption 2
In cases where the applicant can demonstrate to the satisfaction of the Planning Director that the applicant's
proposed structure or subdivision will not affect beach processes, impact public beach access, or be affected by or
contribute to coastal erosion or hazards, excluding natural disasters. Factors to be considered shall include, but not
be limited to, proximity to the shoreline, topography, properties between shoreline and applicant's property,
elevation, and the history of coastal hazards in the area.
QExemption 3
Those structures and uses found exempt in Table 3 (§8-27.7) (see pg. 5-6) '
FVJ
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 the
•uchrre(pj@r subdivisions) as exempt from those shoreline setback determination requirements
under 6 2 .8.
3-
s/as/ss
MOKIHANA OF KAUAI RENOVATIONS
PROJECT DESCRIPTION
I.0 BACKGROUND/SITE DESCRIPTION:
L. Site Location: This project is on oceanfront property situated on the north end of
the Coconut Plantation Resort, and contains 80 units. To the north also is the
Uhelekawawa Stream, also known as the Waipouli Drainage Canal, and the Waipouli
Resort beyond that, and to the south is a vacant resort zoned parcel that contains a
coconut grove planted in 1896, that is protected by the Exceptional Tree Ordinance.
The eastern boundary is the ocean with a concrete revetment, the shoreline beyond
it being a coral shelf with intermittent sand pockets on the southern end. The site is
flat, with a ground elevation of approximately ( feet MSL. The five existing
buildings are clustered around an open courtyard that contains a swimming pool
with a large deck, shuffleboards and open lawn, with the ocean bordering it on the
east side. The restaurant is situated on the northeast corner of the property
alongside the canal and the ocean.
1,2 Buildings: Originally constructed in the 1960's, this project was the first
timeshare condominium on the island. Consisting of a cluster of five (5) buildings,
the first being a two story building (Bldg. L) with the reception lobby, office and
restaurant with kitchen on the first level, with 7 studio apartments on the second
level and a one bedroom manager's unit. This building will be left intact and no
renovations are proposed within it. Buildings A, B, C and D are three (3) stories
each and similar in design, with six (6) units on each level for a total of eighteen
(18) units per building or 72 units in all, these of which are proposed to be repaired
and renovated. All units within these buildings to be renovated are existing studios
with a kitchenette (bar sink), and with a single bathroom.
The buildings were constructed with masonry bearing walls and concrete floors,
with a steep pitched wood frame roof.
1.3 Concrete Revetment: The site is protected by a concrete revetment that was
built in the seventies to protect the property from shoreline erosion. Contrary to
today's condition, when the project was originally constructed, there was a sandy
each fronting the property at least 50 feet wide. Shoreline erosion occurred when
the State extended the groin at the outlet of the canal, which is believed to be the
cause of the erosion, triggering the need for a protective revetment in front of the
property. The revetment, built
1.4 Flood Zone: A portion of the site between the two most seaward buildings are
in the VE zone, elevation 11' MSL. At the shoreline boundary, the VE line extends up
to the building line at Bldg. D, and at the northeast corner, it overlaps into the
restaurant portion of Bldg. L. It should be noted that no improvements or
development is proposed within the restaurant building, and that all renovation
work will occur within the residential apartment Buildings AB, C and D, all of which
are not in the flood zone and are designated in Zone X.
2.0 PROJECT DESCRIPTION
Since this facility is over 50 years old, its age and exposure to the eastern shoreline
weather conditions has contributed to its deterioration whereby its now in need of
maintenance, upgrading and improved renovations. The work proposed is focused
on interior improvements and replacement of old and/or outdated fixtures, wall
coverings, doors, windows, and mechanical, plumbing and electrical upgrades.
2.1 Proposed Improvements: Proposed work is for the re -furbishing and upgrade
of the individual studio apartments interior in Buildings A, B, C and D. The unit floor
plans for Buildings A, C and D are close to identical with all bathrooms having a
tub/shower; Building B is slightly different with each bathroom having a shower
instead, but all unit layouts in the building being identical.
2.1.1 Electrical & Mechanical: Electrical work involves replacement of light
switches, receptacles, smoke detectors, fixtures, exposed conduits and electric
panel. Plumbing work involves installing all new bathroom fixtures and showers,
with a unit shut off valve, and disconnecting the kitchenette sink.
2.1.2 F.F & E: Involves the installation new doors, windows, vanities, closet and
hardware.
2.1.3 Misc: This category involves painting, preparation and clean-up. It also
includes miscellaneous repair work, such as patching deck surfaces, stair repair,
chipped areas and concrete spawling.
3.0 Construction Estimate/Appraisal: Attached as Exhibit is the Contractors Cost
estimate at $2,619,900,00. Also attached is the Market Value Appraisal estimated at
$80550,000.00.
4.0 PROJECT JUSTIFICATION
An inspection of the property and a walk through atypical unit and as confirmed by
the age of the structures, will instantaneously give one the impression that the
resort needs to be upgraded. Not only because it needs improved maintenance, but
also to keep abreast with conditions, styles and amenities provided by other resorts.
More importantly, remodeling of these facilities can improve the overall visitor
experience to the island at least by providing better accommodations that are not
outdated and reasonably priced, hopefully enhancing the impression of Kauai from a
visitor's standpoint.
GUT Properties LLC
1717 Akahi Street
Honolulu, HI 96819
3/31/?_017
COUNTY OF KAUAI
Building Department
4444 Rice Street, Suite 175
Lihue, Kauai, HI 96766
RE: Mokihana
Resort / GCT Properties LLC
TMK: (4)
4-3-007-011-0000
Permit
#
14-01 18:
Mokihana
Bldg. C (Z-509-14)
Permit
#
14-0162:
Mokihana
Bldg. L
Permit
#
14-0855:
Mokihana
Bldg, A
Permit
#
14-0856:
Mokihana
Bldg, B
Permit
#
14-0857:
Mokihana
Bldg, D
Dear Mr. Doug Haigh,
This letter is to request withdrawal of the above building (and zoning) permits previously
issued for the above renovation project. New permit applications will be submitted
shortly.
This letter further grants authorization forAvery Youn, Architect, to apply for any and
aII Shoreline Setback, Special Management Area, Zoning and Building Permits required
for the Mokihana Resort Renovation project- going forward from this date.
Thank you,
Gary la ��
Managing Member
EXHIBIT A
LETTER OF AUTHORIZATION
Bernard P. Carvalho, Jr.
Mayor
Wallace G. Rezentes, Jr.
Managing Director
DEPARTMENT OF PUBLIC WORKS
County of Kauai, State of I-Iawal`t
4444 Rice Street, Suite 275, L1hu`e, Hawaii 96766
TEL (808) 2414992 FAX (808) 241-6604
June 19, 2017
GCT Properties, LLC
1717 Akahi St. Floor 2
Honolulu, HI 96813
Subject: SHORELINE SETBACK APPLICATION
SUBSTANTIAL IMPROVEMENT DETERMINATION
MOKIHANA OF KAUA'I — INTERIOR RENOVATIONS OF 72 UNITS
TMK: (4) 4-3-007-011
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
interior renovations for 72 units in four connected buildings. DPW has determined that the
proposed improvements do not constitute a substantial improvement. A summary of the
calculations follows.
Market Yalue
Mokihana of Kauai is a multi -story structure, connecting four buildings and a restaurant. There
were three (3) building permits approved for the structure within the past ten years. The first
building permit, BP 10-1497 was approved in 2010. The market value used in the calculations is
from the appraisal completed by Robert C. Hastings of Colliers International. He estimated the
market value of the real property to be $5,910,000, as of January 2007, which is the effective date
of the appraisal. Mr. Hastings is a professional appraiser licensed in the State of Hawaii (License
# CGA-632) and the market value was based on the "Cost Approach."
An Egual Opportunity Employer
Mokihana of Kauai
Shoreline, Setback Application — Substantial Improvement Determination _
June 19, 2017
Cost of Improvements
The cost of past building permits is talcen to be the valuation shown in DPW. Building Division
records. The total cost of improvements for the proposed interior renovations for the 72 units is
taken to be the cost estimate of $2,587,900 that was prepared by Shioi Construction, Inc. and
submitted with a contractor's affidavit on June 16, 2017. The total cost is summarized as follows
for the past 10 years:
- ------------ -
BP 10-1497 $1261750
- -------------------------
BP 12-1660 $112' 000
-
— —--------
BP 14-0834 $84,101
---------------------------------- ---
CURRENT BP $2' 587 900
------------------------ r-------------- ---- ---
TOTAL P $2 910 751
Summary
The cost of improvements compared to the market value is:
Cost of Improvements (past 10 years): $2,91 Q 751 = 5
Market Value (Real Property): $5, 910, 000 0.492or 49:3%
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 siwamotonakaum.gov.
Sincerely,
AMIC?IL MOULE, P.E.
Chief Engineering Division
Copy: Design and Permitting
Planning
Avery Youn, 4-1529 Kubi6 Hwy Suite 211, Kapa`a
AVERY YOUM ARCHITECT
4-1525 KUHIO HIGHWAY
KAPAA,HI96746
April 11, 2017
T0: Dept. of Public Works
Engineering Division
4444 Rice St.
Lihue, Hawaii
ATT: Mr. Stanford Iwamoto
RE: REQUEST FOR NON -SUBSTANTIAL IMPROVEMENT LETTER:
MOKIHANA OF KAUAI RENOVATION
Waipouli, Kauai,Hawaii
TMK: 4-3-07:11
Dear Mr. Iwamoto,
The subject project is for the renovation and upgrade of the Mokihana of Kauai Resort at Waipouli.
Originally constructed in the 1960's, the project consisted of five (5) buildings, the first being a two
story building (Bldg. L) with the reception lobby, office and restaurant with kitchen on the first
level, with 7 studio apartments on the second level and a one bedroom manager's unit. This
building will be left intact and no renovations are proposed within it. Buildings A, B, C and D are
three (3) stories each and similar in design, with six (6) units on each level for a total of eighteen
(18) units per building or 72 units in all, these of which are proposed to be repaired and renovated.
All units within these buildings to be renovated are existing studios with a kitchenette (bar sink),
and with a single bathroom. The existing building is non -conforming since its finished floor
elevation is below the flood elevation. A portion of the property is located within the VE Flood Zone
with a flood elevation of 11 feet above MSL. It should be noted that the proposed improvements
will only occur in theresidential apartment buildings, which are outside of the VE zone, designated
as Zone X.
An appraisal is attached that determines the market value of the replacement cost of the project:
Replacement cost ofbuilding:.........................................................................................$8,550,000.00
X SO% = $4,275,000,00
A contractor's cost estimate attached places the renovation cost ast::...............2,619,900,00,00.00
The above figures indicate that the renovation/reconstruction costs is wayless than 50% of
the market value replacement cost.
Relative to the Shoreline Setback Ordinance, a non -conforming structure can be repaired or
renovated provided the cumulative cost of repairs, improvements, etc., will not exceed 50% of the
market value of the existing structure....
The above estimates confirm that the proposed improvements are at approximately 31% of the
appraised replacement cost.
Therefore, a conclusion that the projects proposed renovation/repair cost is less than 50% of the
market value of the replacement cost, and that the project not be considered "Substantial
Construction" would be deeply appreciated. Should any additional information be required, I can
be reached at (808) 639 7999.
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NO
PLANNING DEPARTMENT
SHORELINE SETBACK APPLICATION
FOR OFFICIALUSE ONLY: _ `'
SSD 201 � - a
Acce tanceDate:
•
WebsitePostin Date:
y-
DeteiminationDate:
1
Plannin Commission Date:
- Gj-1'1
iradon Date:
�. < —t
Planner Assigned:
U
Inshvetions: File all information requested under Pant A for processhtg the Determination of Applicability
(§ & 27.1), including signature page. Fill out Parts A and B if you lniow that your parcel will require a Certified
Shoreline Sutvey, due to the proximity to the shoreline, If you are proposhig a petlnitted structure or subdivision
within the shoreluie setback area fill in Part C. For applications involving a variance, complete Patt D.
` A licant Information
Applicant: Kauai Coconut
Beach, LLC
Mailing Address: 650 Aleka Loop Phone: 675-349-0909 '
Kapaa, Hawaii 96746 Email: pmiller@davidsonhotels.com
Applicant's Status: (Check one}
® Owner of the Property
❑ Lessee of the Property
❑ Authorized Agent
(Holder of at least 75% of the equitable and legal title)
Lessee must have an unexpired and recorded lease of five (5) years or more from the
date of filing of this applicafiou. If not, Owners) must provide a Letter of Authorizaflon,
Attach Letter of Authorization
Transmittal Date:
County Zouhrg Dishict:
Nature of Development:
(Description of proposed
or
RR-20
Tax Map I{ey(s): (4) 4-3-007: 028
Lalld Area: 10377 Acres
covering the entire tennis courts. Plans are attached.
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): ft.
2. Property is Not Abutting the Shoreline
Q Proposedproject's approximate distauce from shoreline (based on aerial map): 28o ft.
3. AdditionalInfotvration:
❑ Shoreline Change (Erosion/Accretion) Rate: ft./year
(Iufor7nation available here: wwmvsoest:hawaii.edu/coasts/kauaicounty/KCounty.hi�nl)
❑ Number and description of parcels (including roads, buildings, sttucriues) between Shoreline and this parcel:
-1-
L
e■
PLANNING DEPARTMENT
SHORELINE ,SETBACK APPLICATION
Topography is relatively flat in the vicinity of
Ground elevation is approximately 8-10 feet.
0
Artificially armored Shoreline
❑ If checked, at 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 orouertv been subiect to coastal hazards (i.e. flooding_ emsinn. is
PL);ASC NOT);:
Any misrepresentation of information in this shoreline setback application will result in revocation of this
determination and may result in fines and criminal prosecution.
Signature
S•3/-/
Date
- � ApPticability(tobe corn pleted'by PlaiuiingDepartmeiit)''" "-
Setback Determination necessary. Requirements of Ordinance No. 979 are applicable.
❑ Setback Determinajfiour is NO"ecessary. Requirements of Ordinance No. 979 are not applicable.
z-
5/2!ll
s D�T4, OF.h.9r.
r, PLANNING DEPARTMENT
SHORELINE SETBACK DETERMINATION
of aP
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 (a100.00) shall accompany a request for determination.
(§8-27.8(e))
❑ An aerial maplimage (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 (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 acent 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 nonconfornning structure. (see pg. 7)
❑ Letter fiom 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 I{aua`i County Code, 1987 as amended, tUe Plamring Department hereUy certifies the proposed
shucture(s) or subdivisions) as exempt from those shoreline setback determination requirements established ruder §8-27.8.
❑ Pursue t to §8-2is)
h Kaua`i County Code, 1987 as amended, the proposed structure(s) is permitted within the shoreline
setb ck }ea. Wlx nipt from those shoreline setback detemrirtation requirements established under §8-27.8, the
pr use
structu suhjel f%—ths conditions of §8-27.7(b). (See pg. 8)
n
I
-3-
5/1/17
File too large a
On file with department upon request.
PLANNING DEPARTMENT
SHORELINE SETBACK APPLICATION
FOR OFFICIAL USE ONLY:
SSD 201__?/ -
Acceptance Date:
—
j -
WebsitePostingDate:
—jy
Determination Date:
�l —(
Planning Commission Date:
Expiration Date:
— G
Planner Assigned:
cJ (o
Instructions: F le 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: J. Michale
Will, P.E./ Construction Operation Engineer FHWA
Mailing Address: 12300 W. Dakota Avenue suite 380 Phone: 1-720-963-3647
Lakewood CO 80228 Email: Michael.Will@dot.gov
A licant's Status: (Check one)
Owner of the Property
Lessee of the Property
�-�1
L+J 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: April 7, 2016
PYOieCt Information (attach additional sheets, if necessary)
County Zoning District: KawanauDlshnct Tax MapKey(s): TM [414a414024, 031par. 03par. 090par CS2poa,ln,.-,
Land Area:
Nature of Development: The stare of Hawaii Department erTransportation (HooT), proposes Improvements to (,) the intersection or Kumn Highway and Mairnpna
/Desert tlOn Of r0 OSed Roatl and (2) the Kapaa Stream Bridge on the island ar Kauai. This project woultl reconfgure the intersection by constructing a rountlabout.
i1 It Ir The existing lwo-span bridge would be roplacetl wltha slightly longer antl witlersingle-span bridge alongthe same alignment.
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) _ `7
Check all that apply, fill in applicable information. Any box checked must be accompanied by additional information,
photos and/or documentation.
Properties Abutting the Shoreline
Project's approximate distance from shoreline: >
Q Pro cities Not Abutting the Shoreline
Project's approximate distance from shoreline: 126'ml 58'
0✓ Additional Information: 126'
J� Closest distance of improvement(s) from Shoreline is approximately ft.
❑ Number of parcels and type of improvements (roads, buildings, structures) between Shoreline and this parcel:
1-
e/os/ss
PLANNING DEPARTMENT
SHORELINE SETBACK APPLICATION
FOR OFFICIAL USE ONLY:
SSD 201
Acceptance Date:
Website Posting Date:
Determination Date:
Pluming Commission Date:
E - cation Date:
Planner Assigned:
✓❑ Topography (undulating, flat, slope, etc.) and ground elevation of subject parcel (Lowest and Highest elevations)
The existing highway is positioned above the shoreline at an approximate 21 feet above sea level.
d❑ Shoreline type (e.g. beach, dune, rocky, sandy with rocky outcropping, etc.)
The shoreline is beach and rocky outcropping
Artificially armored Shoreline
If checked, what type of armoring (e.g. seawall, revetment, bulkhead):
Is the armoring permitted/authorized?
Date of authorization (attachcopyof authorization letter):
QIs property in coastal floodplain (if checked, what zone)? Ae
Has this property been subject to coastal hazards in the past? (If checked, please describe)_—
�fhe project is located in a tsunami evacuation zone and floodplain, and is subject to coastal hazards.
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,
ndemnify, and hold the County ofI{aua`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 with the Director shall be a prerequisite to the issuance of any related building
permit. §8-27.7(b)(6).
Applicant's Signature
ilfA
necessary. Requirements of Ordinance No. 979 are applicable.
-2-
3/OS/15
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 ($100.00) shall accompany a request for determination.
(§8-27.8(e))
❑ Exemption 1
In cases where the proposed structure or subdivision satisfies the following four criteria:
(A) In cases where the proposed structure or subdivision is located outside of the Federal Emergency
Management Agency (FEMA) Flood Insurance Rate Map (FIRM) `V' or `VE' flood zones;
(B) The proposed structure or subdivision is located at an elevation which is thirty (30) feet above sea level
or greater;
(C) The applicant can demonstrate to the satisfaction of the Planning Director that the property is clearly
adjacent to a rocky shoreline and that it will not affect or be affected by coastal erosion or hazards; and
(D) The shoreline setback shall be sixty (60) feet from the certified shoreline which has been established
not more than twelve (12) months from the date of the application for the exception under this section.
Exemption 2
In
cases where the applicant can demonstrate to the satisfaotion of the Planning Direotor that the applicant's
proposed stmcture or subdivision will not affect beach processes, impact public beach access, or be affected by or
contribute to coastal erosion or hazards, excluding natural disasters. Factors to be considered shall include, but not
be limited to, proximity to the shoreline, topography, properties between shoreline and applicant's property,
elevation, and the history of coastal hazards in the area.
❑ Exemption 3
Those structures and uses found exempt in Table 3 (§8-27.7) (see pg. 5-6)
❑
Letter from the
Department of Public Works
stating that the proposed project does not constitute "Substantial
Improvement,"
pursuant to§8-27.2
Exem fion Determination (to be completed by Planning Department)
Pursuant to §8-27.3 the Kauai County Code, 1987 as amended, the Planning Department hereby certifies the
proposed structufe . c r subdivision(s) as exempt from those shoreline setback determination requirements
es lisedun$ r§8.7.8.
/05/15
PLANNING DEPARTMENT
SHORELINE SETBACK VARIANCE
Part D
Shoreline Setback Variance (§8-27.9)
This part is the request for a shoreline setback variance. In addition to the documentation and information
requested in Parts A, B, and C, the Applicant applying for a variance is required to submit all required
information, per §8-27.9 listed in the checklist below.
❑ Anon -refundable administrative fee ofthree hundred dollars (`fi30ti.it0}.
Certification from the owner or lessee of the lot which authorizes the application for variance;
❑ An environmental assessment and or EIS, if required, prepared in accordance with HRS Chapter 343, and the
environmental impact statement rules and applicable guidelines of the State of Hawaii;
The names, addresses, and the tax map key identification of owners of real property situated adj acent to and abutting
the boundaries of the land on which the proposed structure or subdivision and/or landscaping is to be located; or
operation is to occur (attach information);
❑ �e plan of the shoreline setbaok area, drawn to scale, showing:
Existing natural and man-made features and conditions within;
Existing natural and man-made features and conditions along properties immediately adjacent to the
shoreline setback area and proposed improvements;
❑ The certified shoreline and the shoreline setback line (submitted under Part B);
Contours at a minimum interval of two (2) feet unless waived by the Director; and
❑ Proposed development and improvements showing new conditions with a typical section (if a structure).
❑ A copy of the certified shoreline survey map of the property (submitted under Part B);
Detailed justification of the proposed project, which addresses the purpose and intent of these rules and the criteria for
approval of a variance (attach written statement);
Analysis and report of coastal erosion rates and coastal. processes; and
01
Director
Any structure approved within the shoreline setback area by variance shall not be eligible for protection by shoreline
hardening during the life of the structure, and this limitation and the fact that the structure does not meet setback
requirements under § 8-27.3 and could be subject to coastal erosion and high wave action shall be written into a unilateral
agreement that is recorded by the Bureau of Conveyances of Land Court, as the case may be. A copy of the unilateral
agreement shall be submitted to the Planning Department prior to the issuance of the required zoning and/or shoreline setback
variance. Failure of the grantor to record these deed restrictions shall constitute a violation and the grantor shall be subject to
the penalties set forth in this Article 3.
For any structure approved within the shoreline setback area by variance, the Applicant shall agree in writing that the
Applicant, its successors and permitted assigns shall defend, indemnify and hold the County ofICaua`i harmless from and
against any and all loss, liability claim, or demand arising out of damages to said structure and this indemnification shall be
included in the unilateral agreement required above.
5-
3/OS/15
File too large to scan.
On file with department upon request.
F'0R OFFICIAL USE
ONLY:
201 19
SSD
Acceptance Date:
Website Posting Date:
-
DetermiaationDate:
Planning Commission
Date:
p,
Y t
Expiration Date:
Planner Assigned:
Instructioxrs: 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' licant Iuformation
Applicant: Adam Brown for Bret Cook
Mailing Address: 5784 Abalcea St Phone: 808 652 9440
Kapaa, Hawaii 96746 Email: bwaybrown gmail.core
A plicant's Status: (Check one)
Owner of the Property
❑ Lessee of the Property
® Authorized A ent
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 ofthis application. If not, Owner(s) must provide a Letter of Authorization.
I Attach Letter of Authorization
Transmittal Date::
Pro'eet Information (attach additional sheets, ifneeessary)
County Zoning District: Residential Talc Map Key(s): (4) 2-08-019:004 0035
Land Area: 1.91 acres / 83,210 sf
Nature of Development:
(Description of proposed
structure or subdivision
Existing structure, Interior remodel of kitchen and master bath Replace existing
window and doors as shown on plans. No increase to exterior footprint.
NO PERMITS WILL BE ISSUED WITHOUT PLANNING COMMISSION ACCEPTANCE,
EXCEPT AS PR®VIDED27.8(c)(8)
art 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
9 Proposed projeces approximate distance from shoreline (based on aerial map): 50 it.El
2. Property is Not Abutting the Shoreline
Proposed project's approximate distance from shoreline (based on aerial map):
3. Additionat Information:
❑ Shoreline Change (Erosion/Accretion) Rate: ft./year
(Information available here: wwwsoest.hawaii.edWcoasts/kauaicountv/KCounm.htmp
❑ Number and description of parcels (including roads, buildings, structures) between Shoreline and this parcel:
-1-
PLANNING DEPARTMENT
• OW i.'0. :.':.
® Topography {undulating, flat, slope, etc.) and ground elevation
� Shoreline type (e.g, beach, dune, rocky, sandy with
❑ Artificially armored Shoreline
❑ If checked, what type of armoring (e.g, seawall, revetment, bulkhead):
❑ Is the armoring permittedlauthorized?
❑ Date of authorization (attach copy of authorization letter):
® Is property in coastal floodplain (if checked, what zone)? See FHAT and LOAM attached
❑ Has this property been subject to coastal hazards (i.e. flooding erosion, tsunami, etc.) in tl:
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,
Appincant's Signature
Signature V "'__ Date
Aonlicahility ago ;e ceinole2ed La P;=znnlme ,
Setback Determination necessary. Requirements of Ordinance No. 979 aze applicable.
❑ Setback er ination is NOT necessary. Requirements of Ordinance No. 979 are not applicable,
Date
-2-
srm
PLANNING DEPARTMENT
XJi i SHORELINE SETBACK DETERMINAnm
If Part A has been deemed that a Determination will be necessary, the additional information will berequired for
submission of this application
Part B
A non-refundable processing fee of one hundred dollars (S100.00) shall accompany a request for determination.
(§8-27.8(e))
® An aerial map/image (ex. Google Maps or Google Furth) with a line dmwn from the shorelinelvegetation 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 andmeasurement details, fences, gates, and walls, etc.
Building Permit Number (If building plans submitted)
Eaemp6on 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 (FIRM) `V' or WE' flood zones;
(B) The proposed structure or subdivision is located at anelevation 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 ofthe application for the exception under this section.
❑ Exemption 2
In cases where the applicant can demonstrate to the satisfaction ofdae Planning Director that the applicant's
proposed structure or subdivision will not affect beach processes, impact publicbeach 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 thehistory of coastal hazards in the area.
Exemption3
Those structures and uses found exempt in Table 3 (§8-27.7) including repairs and renovations that DO NOT enlarge
or Wanda nonconforming structure. (see pg. 7)
® Letter from the Department of Public Works statingthatthe proposed project does not constitute "Substantial
Improvement," pursuamto §8-27.2 (If applicable, will requirevahnnion of project)
❑ Pursuant t0 §8-27.3 theKaua`i County Code, 1987 as amended, the Plamdng Department hereby certifies the proposed
structuee(s) or subdivisions) as exempt from those shoreline setback determinationrequirem®ts established under §8-27.8.
Pur tto §8 27.7 the KauaS County Code, t987 as amended, the proposed strucbre(s) is pennittedwithin the shoreline
se ark While ex those shoreline setback detormination requirements estab@shed under§8-27.8, the
pos stnrcune(s)i s j to the°�n`of§8-27.7(b). (Sea pg. 8)
-3-
vznr
`` =»'h' ��®od �az�rd t�ssessrne�4 Rep®r#
/ Tn� � `. www.hawaimflP.org
Property information (Votes:
county: KAUAI
TMK NO: (4) 2-M 9:004
WATERSHED. WAIKOMD
PARCELADORE55: 1775 PEE RD
KOLOA, In 96756
Flood
Hazard informat's®n
FIRM INOIX DATE NUVEMBER26, 2010
LETTER OF MAP CHANGE(S): 13-03-2553A
FEMA FIRM PANEL: 150DO20352F
PANEL EFFECTIVE DATE: NOVEMBER26,2010
THIS PROPERTY IS WDMN ATSUNAMI EVACUTION ZDNE: YE5
FOR MORE INFO, VISIT: tM1tp://www.scd.M1mvaii.gov/
THIS FOR MORE INFO,r VISI
T- http://dlnreng.hawarvgo /dam/
0 100 200ft
o I Y `t% 1 1 dP 1 e( /f e
po. n TVp,qJr I ru tj y u rt tic d ,t eel. lR rEicer.. or' nl �t:'_
C _ �,1nt moY Y : au f .Yon.
(tn;s nos dem:Geatne: vs 'P`;E.IraW.'+3y o' ease nrao thnf it b; in0 yrmtld=C ra :'nrcntion pu;;!esas
I au -Y fla^dpioin aruyet�oh Poc.._unsdererminv
ticn. fa by asnr=ot cunlGiiaJ[e with;urel/loodgluin ma u0e�meri renu;nito% m
I
,1
SPECIAL FLOOD FVVZARD AREAS (MHAS) SUBJECT TO INUNDATION By
THE 1% ANNUAL CHANCE FLOOD - The 1% annual Chance Rood (100-
yMr), also know Be the base food, Is the flood that has a 1% chance of
being equaled or exceeded in any gluen year. SFHAs include Zone A, Ads
AH, AO, V, and VE. The Base Flood Elevation (ME) is the water surface
elevation of the 1% annual cbanee flood. Mandatory good insurance
purchase appliesln these zones:
Zane A: No ME determined.
!•A
Zone AE: RFE determined.
Zane AH: Flood depths of Ito 3feet(usuatlyareet of ponding);
az
BEE determined.
Zone AD: Flood depths of 1 to 3 feet (usually sheet flow on
sloping cartoon); average depths determined.
Zane v: Coastal flood zone with velocity hazard (wave action);
—77
MBFEdetermined.
Zone w-- Coastal flood with velocity hazard (wave anion);
BFEdetermined.
Zaret AEF Roadway aIn Zone AE. The floodway is the
channel of stream Plusadjacent00oAplain areas that most
be kept free of encroent so that the 1% annual chance
Food can be carried wain ,gthe are.
NON -SPECIAL FLOOD HAZARD ARAn area in a low-toanoderate risk
Rood zone. No mandatary IIaoJ insurance urchas menu apply,
It caverasetzavailabla in pathacommunide.r�
;h��s
Zone its (K shaded).-Areasf D.2%annual chance floods areas of
1% annual chance flooh average depths of less than I footr
with drainage aress than 1 square mile; and areasprotected by leveerbaa nual chance Rood.zoneX:Areasdetermo
he outside thea.2%annual chancefloodplain.THERFLOOOARG
SZane
. -
o: Unsaraled a.vhere Rood hazaNs are vndeter
mined, but floodIng's possthie. No mandatory Rood insurance
purchase apply, but coverage it avalWble in participating commu-
ufes
Page d of 2
Date: September 12, 2013
Case No.: 13-09-2553A
LOMR-VZ
Federal Emergency Management Agency
Washington, D.C. 20472
1gND SEG
LETTER OF MAP REVISION - COASTAL HIGH HAZARD AREA
DETERMINATION DOCUMENT (REMOVAL)
COMMUNITY AND MAP PANEL INFORMATION
LEGAL PROPERTY DESCRIPTION
Buildings A, B. and C, Poipu Shores, as described in the Restated
Declaration of Condominium Property Regime recorded as Document No.
Kauai County, Hawaii
96-108795, in the Office of the Bureau of Conveyances, Kauai County,
Areas)
Hawaii
COMMUNITY(Unincorporated
COMMUNITY NO: 150002
NUMBER: 1500020352F
AFFECTED MAP
PANEL
DATE: 11/26/2010
APPROXIMATE LATITUDE & LONGITUDE OF PROPERTY: 21A71, 459.448
FLOODING SOURCE: PACIFIC OCEAN
SOURCE OF LAT 9. LONG: GOOGLE EARTH PRO DATUM: MAD 83
DETERMINATION
OUTCOME
1% ANNUAL
LOWEST
LOWEST
LOT
BLOCKI
SUBDIVISION
WHAT IS
STREET REMOVED
FLOOD CHANCE
ZONE FLOOD
ADJACENT
GRADE
LOT
ELEVATION
SECTION
FROM THE
ELEVATION
ELEVATION
(LTD)
SFHA
(LTD)
(LTD)
1775 Pee Road Structure
X (shaded) 24.0 fleet
26.4 feet
—
(Building A)
Special Flood Hazard Area (SFHA)—The SERA is an area that would be inundated by the flood having a 1-percent chance of being equated or exceeded
in any given year (base flood).
ADDITIONAL CONSIDERATIONS (Please refer to the appropriate section on Attachment 1 for the additional considerations listed below)
ZONE
PORTIONS REMAIN IN SFHA
DETERMINATION DOCUMENT TABLE CONTINUED
This document provides the Federal Emergency Management Agencys detenninalion regarding a request for a Letter of Map Revision for the property
described above. Using the information submitted and the effective National Flood Insurance Program (NEIP) map, we deterritmed that the structures]ayn
the propertyIs/are not located in a Coastal Wish Hazard Area or the SFHA, an area inundated by the flood having a 1-percent chance of being equaletlexceeded
in any given year (base flood). This document revises the effective NFIP map to remove the subject property from the Coastal High Hazard
and the SFHA located on the effective NFIP map, therefore, the federal mandatory flood insurance requirement does notapply. However, the lender h
the option to continue the flood insurance requirement to protect its financial risk on the loan. A Preferred Risk Policy (PRP) is available for buildings
located outside the SFHA. Information about the.PRP and how one can apply is enclosed.
This deternimaBon is based on the flood data presently available. The enclosed documents provide additional information regarding this determinatlon- If
you have any questions about this document, please contact the FEMA Map Information eXchange toll free at 1-077338-2627 (FEMA MAP) or by letter
addressed to the Federal Emergency Management Agency, LOMC Clearinghouse, 847 South Pickett Street, Alexandria, VA 223044605.
Luis Rodriguez, P.E., Chief
Engineering Management Branch
Federal Insurance and Mitigation Administration
Page 2 of 2 .Date: September 12, 2013 Case No.: 1&DS-2553A LOMR-VZ
j Federal Emergency Management Agency
a Washington, D-C. 20472
rrdNo sE'oJ
LETTER OF MAP REVISION - COASTAL HIGH HAZARD AREA
DETERMINATION DOCUMENT (REMOVAL)
ATTACHMENT I (ADDITIONAL CONSIDERATIONS)
OUTCOME t%ANNUAL LOWEST LOWEST
BLOCK! WHATleFLOOD CHANCE ADJACENT LOT
LOT SECTION SUBDIVISION STREET REMOVED ZONE FLOOD GRADE ELEVATION
FROM THE ELEVATION ELEVATION (LTD)
SFHA (LTD) (LTD)
Potpu Shores 1775 Pee Road Structure X (shaded) 24.0 feet 28.5 feet —
Buildin B
Poipu Shores 1775 Pee Road Structure X (shaded) 24.0 feet 44.2 feet —
(Building C
ZONE V (This Additional Consideration applies to the preceding property(ies))
A portion of this property, but not the subject of the Detennination/Comment Document, is located within a Coastal High
Hazard Area (Zone V, VE or V I-30). Therefore, any future construction or substantial improvement on the property
remains subject to Federal, State/Commonwealth, and local regulations for floodplain management. No construction
using fill for structural support or that may increase flood damage to other property may take place in these areas.
PORTIONS OF THE PROPERTY REMAIN IN THE SFHA
Per of this property, but not the subject of the Determination/Comment document, may remain in the Special Flood
Hazard Area. Therefore, any future construction or substantial improvement oathe property remains subject to Federal,
State/Commonwealth, and local regulations for floodplain management.
This attachment provides additional information regarding this request If you have any questions aboutthis attachment, please contact the FEMA Map
Information eXchange toll free at 1-877�336-2627 (FEMA MAP) or byletter addressed to the Federal Emergency Management Agency, LOMC
Clearinghouse, 847 South Pickett Street, Alexandria, VA 22304-4605,
r J
Luis Rodriguez, P.E., Chief
Engineering Management Branch
Federal Insurance and Mitigation Administration
TREEEISH LLC
ADAM BROWN ARCHITECT
5784 Ahakea St., Kapa'a, Kauai, Hawal`i 96746
Phone: (808) 6S2-9440 = Email: Bwaybrown@gmalLcom
Bret Cook I
1775 Pe'e Rd.
Poipu Shores 101C
Koloa, Hi. 96756 '
March 20, 2017
Department of Planning & Building Division
County of Kauai -
4444 Rice Street
Uhue, Hi 96766
BUBJEC7: Agent Authorization
TMK (4) 2-8-019:004
1775 Pe'e rd.
Koloa, Hi. 96756
7o whom it may concern:
Authorized representative pertaining to the property at the above TMK is:
Adam Brown
TreeFish He
5784 Ahakea St,
Kapea, HI 96746
voice: 652-9440
email: bwaybrown@gmail.com
_._---
Property Owner
ARCHITECTURAL SERVICES •PLANS • CONSULTLN6
Bernard P. Carvalho, Jr.
Mayor
Wallace G. Rczentes, Jr.
Managing Director
DEPARTMENT OF PUBLIC WORKS
County of Kauai, State of Hawaii
4444 Rice Street, Suite 275, LShu' e, I-IawaN 96766
TEL (808) 241.4992 FAX (808) 2rn-6604
Tune 23 2017
Adam Brown
5784 Ahalcea St
Kapa`a, HI 96746
Lyle Tabata
Acting County Engineer
Subject: SHORELINE SETBACK APPLICATION
SUBSTANTIAL IMPROVEMENT DETERMINATION
BRET COOK —INTERIOR RENOVATIONS TO UNIT #101 (BUILDING C)
TMK4.(4) 24-019:004-0035
Dear Mr. Brown;
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 Departrrrent of Public Works (DPW) Engineering Division has reviewed the proposed
interior renovations to the existing structure. DPW has detemrined that the proposed
improvements do not constitute a substantial improvement. A summary of the calculations
follows.
Market Yulue
There were three building permits approved for the structure within the past ten years. The first
building permit, BP 07-2261 was approved in 2007. Therefore, the market value used in.the
calculations is the year 2007 Replacement Cost New Less Depreciation (RCNLD) value for the
structure as determined by the County's Real Property Assessment Division. The 2007 RCNLD
was determined to be $5,366,500 for Building C. 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 Egaial OpporCunity Employer
Bret Cook (Po`ipu Shores)
Shoreline Setback Application — Substantial Improvement Determination.
1Lille 2, 2017
Cost oflmprovements
The cost of past building permits is taken to be the valuation shown in DPW Building Division
records. Building Division estimated the current construction cost for the interior renovations to
be $120,000. The total cost is summarized as follows for the past 10 years
BP 08-0428 $15,000
--------------------------------
j BP 1&0923 $54,139
---------------------------
j BP 17-1152 (CURRENT) $120,000 j
----------------------------,
j TOTAL $191,539
-------------------------------------------------
Summary
The cost of improvements compared to the market value is:
Cost of Improvements (past 10 years): $191, 539
Market Value (Real Property): $5,366,500 — 0,03569 or 3.57%
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(a�kauai.gov.
Sincerely,
MICHAEL MOULE, P.E.
Chief, Engineering Division
sysv
Copy: Association of Apartment Owners — Po'ipn Shores
Design and Permitting
Planning