COUNTY OF KAUA'I, PLANNING DEPARTMENT 4444 RICE STREET, LIHUE, KAUAI, HAWAII 96766 MEMORANDUM DATE: August 10, 2020 TO: Planning Commission FROM: Clerk ofthe Commission SUBJECT: Addition to the Planning Commission 8/11/2020 Agenda F. HEARINGSANDPUBLIC^OMMENT 2. New Agencv Hearine a. Hanalei Commercial Company, Inc./Na Pali Brewing Company, LLC 4. Testimony &om Koral Mccarthy, Moku, & Ohaaa (8/7/20) c. Gregory L. & KimberlyA. Stein 3. Supplement No. 1 to Stein Application from lan K. Jung, Esq., (8/5/20) 3. Cj)ntinued Public Hearing 1. County ofKauai, Planning Department 2. Testimony from Rayne Regush (8/10/20) G. CONSENT CALENDAR 1. Status Reports a. Coco Palms Hui, LLC 1. Testimony from: Andrea Morgan Scott Morgan Kit Furderer Jerome Gugino Beth Leeds Raychel Braadenburg Vivian Valenzuela Marianne George Mary & Jerry Kems Felicia Cowden Kate Mink Noreen Dougherty Gabriela Taylor Joan Levy Barbara Essman L. Osterer Hollis Lazo Leimana Aiu Taber Judie Hoeppner Katrina St. Marie Eliel Starbright Kamalia von Lixfeld Will M. Davis Linda Pizzitola Terry Lilley Kamealoha Smith Toni Liljengren Joaime Hanna Don Lazo Lucinda & Bill Helene Larsen Lo L. Keana'aina & Ohana Robertson Anita Cook Thomas Cook Marj Dente Pamela Burrell Bonnie P. Bator & Ohana Haunani Rossi Richard Spacer Sylvia Partridge Judah Freed Forest Shomer Mary Rich Jonathan Reeves Howard Rontal Dr. Robert Zelkovsky Dylan Lazo Ruta Jordans Nina Monasevitch Lauryn Galindo Melissa Mojo Miriam Bouret Louise Arakaki Laurie Avilla & Ohana Anne Thurston Mary Mulhall Rick Cooper Michaelle Edwards Hannah Rees Jenica K. Waymen & Barbara Guiliano Shoshana Belnick Michael Coon Joan McCauley Magenta Billett Wendy Mackintosh Bill Schilling Ann Marie Holmes Mary Lu Kelley Leslee Dancosse Marge Freeman Kathleen Dahill Larry Heller Charles Hammond Roland Barker Karin Willard Rachael & Carlton Jodi Smith Tom Anderson Davis Judith C. White Jonathan McRoberts Mary Paterson Frank Kelly Ken Taylor Marion Paul Noelani Omellas Hochuli Fem Holland Steve & Sharry GIass Lucy Miller Howard Rontal Tina Taniguchi Robert & Marion McHenry Anne Thurston Bridget Hammerquist Lindsay Lloyd A. Russell Sandra Hemdon Addition to Planning Commission 8/1 1/2020 Agenda F.2.a. Hanalei Commercial Company, Inc./Na Pali Brewing Company, LiC 4. Testimony from Koral Mccarthy, Moku, & Ohana (8/7/20) p^^.^.1 'ADG I 1 2020 Leslie Takasaki From: Kaaina hlull Sent: Friday, August 07, 2020 11:31 AM To: Leslie Takasaki Cc: Romio Idica; Dale Cua Subj'ect: FW: Subject Hanalei commercial/ Napali Brewing Company Hey Les, Here is another set of public comments for the Brewing Company application. Please provide to the Commission. Mahalo! From: Koral Mccarthy <[email protected]> Sent: Wednesday, August 05, 2020 1:36 PM To: Kaaina Hull <[email protected]> Subject: Subject Hanalei commercial/ Napali Brewing Company CAUTION: This email originated from outside the County of Kauai. Do not click links or open attachments even ifthe sender is known to you unless it is something you were expecting. Aloha Ka'aina, 'Ohana Hope your is doing well during this crazy time. I would love ifyou could forward my comments to the Planning Commissioner about the possible Napali Brewing Company trying to go into Hanalei town. We are 100% against the idea and everytbing about it. We have many families willing to petition and hold signs and do whatever we can to oppose the idea ofa new 'brewery'/bar in Hanalei. We currently have 5 bars in business in Hanalei stmggling to survive and we all feel it's the last thing our town needs. We will do anything and everything to oppose this and we will definitely be rallying as much as possible to not let this happen. Sorry to sound so upset, it'sjust the last thing we could imagine that we need or want in our town! Mahalo kai'aina Big love Aloha Koral, Moku and 'OHANA 808-634-0194 [email protected] P.0. Box 1142 Hanalei Hawaii 96714 f:^.4! MG I 1 2029 F. 2.c. Gregory L. & KimberlyA. Stein 3. Supplement No. 1 to Stein Application from lan K. Jung, Esq., (8/5/20) F.^.c.^^ AUG 1 1 2020 BELLES GRAHAM LLP ATTORNEYS AT LAW MAX W.J. GRAHAM, JR. OFCOWSEL JONATHANJ.CHUN WATUMULL PLAZA [AN K. JUNO 4334 RICE STREET, SUITE 202 MICHAEL I. BELLES LIHUE, KAUAI, HAWAII 96766-1388 DAVID W. PROUDFOOT FederalI.D.No. 99-0317663 DONALD H. WILSON TELEPHONE N0: (808) 245-4705 FACSIMILENO: (808)245-3277 E-MATL: mail(%l[auai-law.com August 5,2020 Mr, Dale Cua, Senior PIanner Via Email and Hand Deliverv Planning Department County ofKauai 4444 Rice Street, Suite 473 Lihue, Kauai, Hawaii 96766 Re: Supplement No. 1 to Stein Application Variance Permit V-2021-1 Class FV Zoning Pennit Z-IV-2021-2 Tax Kev No.: 3-5-002:022 Dear Mr. Cua: Based on our discussions and the Planning Director's Report, enclosed herewith is "E-l" "E-2" an original and eleven (11) copies of Supplement No. 1 and Revised Exhibits and regarding the above-referenced Application. Please let me know ifyou require anything farther. Veiy truly yours, BELLES G8AHAM LLP IKJyaug Enclosures F. ^ .^.^ AUG 1 1 2020 |W:/DOCS/29I03/1/W0165322.DOCX) BELLES GRAHAM LLP IANK.JUNG 8626-0 4334 Rice Street, Suite 202 Lihue, Kauai, Hawaii 96766 Telephone: (808) 245-2163 Facsimile: (808) 245-3277 Email: ikj(S)kauai-law.com Attomey for Applicauts, GREGORYL.STEINand KIMBERLY ARZADON STEIN BEFORE THE PLANNING COMMISSION OFTHE COUNTYOFKAUAI In The Matter OfThe Application VARIANCE PERMIT V-2021-1 CLASS IV ZONING PERMIT Z-IV-2021-2 Of SUPPLEMENT N0.1 TO VARIANCiE GREGORY L. STEIN and KIMBERLY PERMIT AND CLASS IV ZONING PERMIT ARZADON STEIN, for a Variance Permit APPLICATION; EXHIBIT LIST; REVISED "E-l" "E-2" and Class IV Zoning Permit, for real property EXfflBITS - situated at Nawiliwili, Lihue, Kauai, Hawaii, described as Lot 2-D ofLand Court Application 1819, Map 3, identified by Kauai Tax Map Key No. (4) 3-5-002:022. (W:/DOCS/29I03/1WOI65199.DOCX ) SUPPLEMENT N0.1 VARIANCE PERMIT AND CLASS IV ZQNING PERMIT APPLICATION Comes now, GREGORY L. STEIN and KIMBERLY ARZADON STEEST, Applicants inthe above-captioned proceedings, by and thioughits undersigned attomey, bereby submits fhe following Supplement No. 1 to Variance Application Permit and Class IV Zoning Permit for a proposed new single-family dwelling imit relative to the following Sections and Revised Exhibits "E-l" and "E-2": SECTION 3: PAST, EXISTING AND PROPOSED USES OF SUBJECT PROPERTY. 3.3 Land Coveraee. AfterfurtherevaluatmgthePiojectbasedonthePlaiming Director's Report, the Applicant worked witfa the Plamung Department to ftu-ther reduce the scope ofthe Project to reduce the square footage ofthe residence to comply with the requests ofthe Plannmg Department. The Subject Property land has a total square footage of 5,065 square feet. The CZO Resort (RR-20) District has a 60% land coverage allocation and the CZO Open District has a 10% land coverage allocation. The total allowable land coverage in the CZO Resort (RR- 20) District is 1,866 square feet and the total allowable land coverage in the CZO Open District is 195 square feet. The proposed habitable space ofthe single-family dwelling unit is located entirely in the CZO Resort (KR-20) District wifb only a small portion of the associated deck in the CZO Open District. The total land coverage in the CZO Resort (RR-20) District has been reduced to 2,342 square feet and the land coverage in the CZO Open District remains at 189 square feet. Therefore, the Project complies with the land coverage calculation requirements for the CZO Open Disteict; however, a variance is required to exceed the land coverage in the CZO RR-20 District by 15% or 2,342 square feet (totaling 75% m the CZO RR-20 Disttict). The reduction eliminates the south facing staircase as requested by the Plamiing Department and reduces the landing pads (W:/DOCS/29103/1/W0165I99.DOCX) for the north facing staircase to a permeable surface. The Applicant has revised the PIan Set in Exhibit "E-l" and the Land Coverage Comparative in Exhibit "E-2" at the request ofthe Plarming Department to further reduce the impervious surfaces ofthe Project. The net result ofthe land coverage for the Subject Property results in 50% as previously approved for other projects in the Kalapaki Circle neighborhood. SECTION5. PERMITSREOUESTEDANDREOUIRED. 5.1 Variance and Class FV Zonine Permit. Ttie construction of fhe proposed "Project") single-family dwelling unit on the Subject Property (the will require a variance from the land coverage calculations in the CZO Resort (RR-20) District and the &ont and side yard setbacks as follows: a. Land Coverage to exceed 60% standard bv 15% to achieve 75% "E-l"'). Land Coveraee CSee. attached revised Exhibit As described above, the Applicant proposes to locate the habitable space ofthe Project in the CZO RR-20 District. Due to the topography of the Subject Property the land coverage will exceed fhe standard 60% by 15% totaling 75%. b. Front Yard Setback to be reduced_to_three (3) feet ('See,_attached "E-1"). revised Exfaibit The deviation from fhe front yard setback is to comply with CZO parking requirements given the topographical challenges ofthe Subject Property. c. Side Yard Setbacksjto be reduced to five (5) feet on each boundary "E-l"'). CSee. attached revised Exhibit The deviation &om the side yard setbaeks is requested due to constraining circumstances ofthe Subject Property given the topograpliical challenges. d. Variance Pemut Standards. Section 8-3.3(b), KCC, which sets forfh the standards for fhe issuance of variances, asks that the Plamung Commission consider factors such as size, shape, topography, location or surroundings to detemiine whether or not to require the strict [W:/DOCS/29103/1/W0165I99.DOCX > application ofregulations, md to ensure that there be a mmimum departure from existing regulations to allow a reasonable use ofthe property in question, provided, ofcourse, fhat any such departure will not cause significant risks of harm to property and improvements in the neighborhood or hannful enviromnental consequences.