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HomeMy WebLinkAbout11-2-17SSDApplicationsPLANNING DEPARTMENT SHORELINE SETBACK APPLICATION FOR OFFICIAL USE ONLY: SSD 201 - ZO Acceptance Date: Website Posting Date: Determination Date: f 7 Plarming 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 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 PartD. �rh 1,C VA Pr I J 1 A ' licant Information Applicant: CIO Jon Kegle / Cogent Designs Mailing Address: Applicant's Status: P.O. Box Kapaa, HI (Check one) 617 96746 Phone: 652-0015 Email: 'on@co entd.com ❑ 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: ojectInFormation (attach additional sheets, if necessary) County Zoning District: open Tax MapKey(s): 5-3-o05:001, unit 1 Land Area: 52 , 5 03 s f Nature of Development: Construction of new 6'-0" tall wood fence and gate (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, till 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): 215 ft, 2. Property is Not Abutting the Shoreline ❑ Proposed project's approximate distance from shoreline (based on aerial map): ft. 3. Additional Information: X❑ Shoreline Change (Erosion/Accretion) Rate: 0.2 ft./year (Information available here: www.soest.toawaii.edu/coasts/kauaicounty/KCoanttv.html) ❑ Number and description of parcels (including roads, buildings, structures) between Shoreline and this parcel: -1- PLANNING DEPARTMENT SHORELINE SETBACK APPLICATION Q Topography (undulat ng, flat, slope, etc_) and Bound elevation of subject parcel (Lowest and Flat grassy lawn w/ drainage ditch area. j Lawn @ +/- 8'-0" elev. w/ ditch area 4'-8' elevation. Shoreline type (e _g beach, dune, rocky, sandy with j Sandy beach ❑ Artificially armored Shoreline ❑ if checked, what type of armoring (e.g. seawall, revetment, bulkhead): ❑ Is the armoring permitted/authorized? ❑ Date of authorization (attach copy of authorization letter): ❑ Is property in coastal floodplain (if checked, what zone)? ❑ Has this pro-perty been subject to coastal hazards (i.e. flooding, erosion, tsunami, etc_) in the None to the best of my knowledge in the recent past PLEASE NOTE: Any misrepresentation of information in this shoreline setback application will result in revocation of this determination and may result in fines and criminal prosecution. Applicant's Signature -Z- s/z/v PLANNING DEPARTMENT SHORELINE SETBACK DETERMINATION If Part A has been deemed that a Determination will be necessary, the additional information will be required for submission of this application. Part B ❑ A non-refundable processing fee of one hundred dollars (SI00,00) shall accompany arequest for determination. (§8-27.8(e)) ❑ An aerial map/image (ex. Google Maps or Google Earth) with a line drawn from the shoreline/vegetation line (approximate shoreline) to the proposed project and the calculated distance in feet. ❑ A detailed Plot Plan to scale with all existing and proposed structures including driveways, visible lot coverage, setbacks and measurement details, fences, gates, and walls, etc. ❑ Building Permit Number (If building plans submitted) Exemption Determinaflon ❑ Exemption t 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. ❑X Exemption 2 Incases where the applicant can demonstrate to the satisfaction of the Planning Director that the applicant's proposed structure or subdivision will not affect beach processes, impact public beach access, or be affected by or contribute to coastal erosion or hazards, excluding natural disasters. Factors to be considered shall include, but not be limited to, proximity to the shoreline, topography, properties between shoreline and applicant's property, elevation, and the history of coastal hazards in the area. ❑ Exemption 3 Those structures and uses found exempt in Table 3 (§8-27.7) including repairs and renovations that DO NOT enlarge or expand a nonconforming structure. (see pg. 7) ❑ Letter from the Department of Public Works stating that the proposed project does not constitute "Substantial Improvement," pursuant to §8-27.2 (If applicable, will require valuation of project) JJ�.PursuanY to §8-278 the Kauai County Code, 1987 as amended, the Planning Deparhnent hereby certifies the proposed stmcture(s) or subdivisions) as exempt from those shoreline setback determination requirements established under §8-27.8. ❑ Pursu rl't to,'8-27.7 e aua`i County Code, 1987 as amended, the proposed structure(s) is permitted within the shoreline setback area. VJh' ex pt from those shoreline setback determination requirements established under §8-27.8, the pr osell'sructor is object to the condi ions of §8-27.9(b). (See pg. 8) L ► i/N ng c r or de ignee Date ElAdd4iona �o ents/conditions: -3- snn DGEAN m�� 2,55 � t �D4.� I I �� I �� - I I - - � I i I SANDY BEACH �� � ---- I ROCK WALL � .� � � � _ ���, �� %�lj �/ _g_ � � O '� / � _ I --- i� I �` ��' — -----= �0T D = �I _- 8- � 1.198 ACRE ZONE VE-11 � ,�I°.- , ���) �� B —� � �.. f 1 a �� � � 1. __ Exsr GARAGE � l�_ l B__---_--.---___- EDGE PA4MT. IXISnNG WATER ---- E WEfE2 - -- HI _--8-__-.."--- ANINI BEACH ROAD CPR BDY. - %� i �%L/—� ���sn�swcoD� /� %FENCE t fnlTE CQILBETE 2)9'Y< B&!14 f _S' — ���`^" Plot /CPR Plan 1 "=30'-D" Letter of Authorization I, Rick Rubin with Hawaiian Preservation Trust, owner of lot T.IVLK. (4) 5-3-005:001, hereby authorizes Jon Kegle of Cogent Designs, to act as the Authorized Agent regarding any permit documents to the County of Kauai. Rick Rubin PLANNING Tc� III, >, -_ ONLY, _ _ V applications(§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 pennitted structure or subdivision within the shoreline setback area fill in Part C. For Part Si Sba " � Setback lteterminateon of Applicability (§$-27.1) Check all that apply, fill inapplicable information. Any box checked must be accompanied by additional information, photos and/or doeumeututiou. i. Pra erty as Abutting the Shoreline Proposed project's approximate distance from shoreline (based on serial map): f . ,L. Properly is Not abutting the Shoreline Proposed project's approximate distance from shoreline (based an aerial map): ft. 3. Additionalitafonnation: Shoreline change (Erosion/Accretion) Rase: (lafornmtiaxia�ailablehare: e s©�sE.lt z3u/c 3st�wtua? eunt� iLCnEte htni) ® Number and description of Parcels (incladin.g roads, braidings, structures) between Shoreline and this parcel_ PLANNiNG DEPARTMENT Topography tmidumung, flab scope, etc.} and b ound elevation oisubject parcet (Lowest and Iyygkest elevations) L.1,rz5itorenne tyke (e.g, beach, dune, rocky, sandy with rocky outcropping, Aetificia$ty tsiut€tted Skorelirte If checked, what Hype of armoring (e.g. seawall, reaettnent, 6uikhead): Is the armoring permitted/authorized? Date of authorization (attach copy of authorization letter): Is property in coastal tloodplaat (if checked, what zone)? Has chi opt ty been subject to coastal hazards (i.e flooding, erosion, tsunami, etc.) in The past? ■ Date c '`� Setttask d3 `ate®� ��sasaryo 13.s;guareffieattts of finance ido. 979 are appEicable. ❑ Setback d}tKati 4dT aeceasae�. Requirements of ordinance No. 974 are not applicable, -�; �---'may 9 l) 2- Eid' � has Leer d ed"that'a I3eteraninataon wall lie neeessar}, the additional information vvitl be required for stabmission of this apple o.a. d'art B A non-refundable processing fee of one hundred dollars (;I 100,00) shall accompany a request for determination. (yc$_27.8(e)) An aerial mapiirnage (ex. Google ?claps or Gougle Earth) wish a line drawn front the shoretine/vegetation lane (approximate shoreline) to the proposed project and the calculated distanLe 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) _Z_ 6 r21n7 t__.9 Exemption $. In cases where the proposed structure or subdivision satisfies the following four criteria; (h) hi 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; ([I) 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 (50) feet `ram the certified shoreline which has been established not more than twelve (12) months from the date of the application for the exception under this section. Exemption 2 In cases where the applicant can demonstrate to the satisfaction of the Planning Director that the applicant's proposed structure or subdivision will not affect beach processes, impact public beach access, or be affected by or contribute to coastal erosion or hazards, excluding natural disasters. Factors to be considered shall include, but not be limited to, proximity to the shoreline, topography, properties between shoreline and applicant's property, elevation and the history of coastal hazards in the area. Exemption 3 Pursuant to §8-27.7, those structures and uses found exempt in Table 3 (see pg. 7) including repairs and renovations to a lawfully existing structure, including nonconforming structures, provided that: ,-(A} The repa3 s Di3 IdOT etilarge, add to or �:epand the strncture, htcrease fire size or degree of non-confoa�nity; � or intensify the use of the structure or its impact on coastal processes; V<B) The repairs DC} NOT constitute a substantial improvement of the structure; and (C) The repairs are permitted by the Comprehensive Zoning (Ordinance, Development Plans, building code„ frodplain management regulations, special management area requirements under HRS Chapter 205A and airy other applicable rule or law. P( l.ettee from. the Department of Public Works slating that the proposed project does NOT constitute "Substantial improvement," pursuant to §8-27.2 (if applicable, will require valuation of project), i'ursuaxst to §8-27.3 ilia k:aua"r Couuty Cede, 1987 as amended, the F'[^ansesng Deflsariment heretay oert€%es the proposed structut'e(s) or subdivis'aost(s) as exen�t from dhow shoreline setback determination rezkuiratnessts established under §8-27.8. Cj Pursuan ®§8_2?.7 the a`i County Code, 1487 as amended, the gsuposeci structure(s) is petiatlffecl within the shorelinesetbac ergs. Vv`hile exam tom these shoreline setback determination requirements established under §8-27.$ the props - strttctura(s) `s s care the condom§8-27.7(b). (See gg. 8) Bernard P. Carvalho Jr. Mayor Wallace G. Itezentes Jr. Managing Director DEPARTMENT OF PUBLIC WORKS County of Kauai, State of Hawaii 4444 Rice Street, Suite 275, Lihu`e, Hawaii 96766 TEL (808) 241-4992 FAX (808) 241-6604 October 31, 2017 PO BOX 223390 Princeville, HI 96722 Attn: Larry and Sherri Frost Lyle Vabata Acting Cou&y=n meer Subject: SHORELINE SETBACK APPLICATION SUBSTANTIAL IMPROVEMENT DETERMINATION INTERIOR RENOVATIONS TO UNIT 106 — PU'U PO'A CONDOS BLDG i TMK: (4) 54-012:011-0006 Dear Mr. Frost, The I{aua`i 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 Deparhnent of Public Works (DPW) Engineering Division has reviewed the proposed interior renovations to Unit 106 in Building 1 of the Pu a Po`a 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. Market Value There were seven (7) other building permits approved for the structure within the past ten years. The fast 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 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). An Equal Opportunity Employer Puu Pea - Frost _ Shoreline Setback Application— Substantial Improvement Determination - � t October 31, 2017 Cost of Improvements The cost of improvements for previous building permits are taken from the valuafions shown in DPW Building Division records. The total cost of improvements for the proposed interior renovations to Unit 106 was taken from the Building Divisions estimated construction value as shown on the current building permit. That cost was estimated to be $100,000, The total cost of improvements for the past ten years is summarized as follows: BP 16-0470 $5,000 ---------- ------ ----- BP 13-2338 $60,000 —---------- —--------- BP 10-2245 $5,000 -- ------- ;--------------- BP 10-0886 $40,000 — — — ------------------- BP 10-0495 , $37,500 j -------------- ;---------------------- BP 08-0424 $15,000 ---------------------- ------ BP 07-1526 $35,000 ------------- ------ BP 174959 $100,000 CURRENT BP ------------------- —-------- i TOTAL COST $297,500 — —------------ Summary The cost of improvements compared to the market value is: Cost of Improvements (past 10 years): $297, 500 . Market Value (Real Property): $30,374 400 — 0.009794 or 1.0% 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 unpemutted 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(c8,kauai.gov. Sincerely, MICHAEL MOULE, P.E. Chief, Engineering Division SUBV Copy: Design and Pernutting Planning / ƒ ;. J �� f a�r a §\� � /�ƒ ..ƒ y. ���^ . i\ \ 2 o %\: ,-\y .c ..�«r\» ya�y J� � ^ . �� . ��� ��\�� � .� . _ . &� m�� � a . .. .»��� n/«�< � , ? .y n.� � : « \r \ , �/ƒ�: .» ..= \ » r rz « .�:\ P.R.lZI S f 4o(; lq�l pre L4is/414c IlTL % .