COM 0042.066 2002-2004 - Laserfiche WebLink

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JUN -15-2004 TUE 08:43 PM CCRPORATION COUNSEL FAX NO. 9618622 P. 02 Memo to Tyler p.2 Any real property that does not have a property boundary "bounded by or adjacent to" any of these four bordering streets would not be considered to be within the Kailua Village core. In the example you posed of a property "one lot away from Kuakini Highway," that property does not have any of the four bordering streets as a boundary, and therefore is not part of the present Kailua Village core. 2. You requested confirmation that our office racottunonds the six-month time limit restriction for exempt signs in Section 3-8(a)(1)(A). I believe it was Mr. Kunitake who alluded to a maximum time limit for posting exempt signs, in fairness for all business owners. Whether a time limit is considered reasonable and in the public's best interest is for the council to decide. 1 drafted this proposed amendment with this understanding. 3. You also requested I comment on the two letters faxed to me yesterday, which includes Walter Kunitake's letter dated June 8, 2004, and Terri Ribordy's letter dated June 4, 2004. 1 note both letters are objections to Draft 44, whereas Draft #5 is before the council tomar:row. a. Mr. Kunitake requests the proposed sign code be equitable for all business owners, and believes the businesses in the Kailua Village core are discriminated against. Whcther the proposed sign code is fair to all persons may need to pass constitutional muster. I will do further research into this. Whether the sign code is enforeeabIc island -wide is speculative and is dependent on personnel, funds, and departmental priorities. Mr. Kunitake also complains many sections of the code are unclear and difficult to understand, but does not refer to specific sections. As such, this objection cannot be addressed at this time. b. Regarding 1V s. Ribordy's letter: 1) Concern, #1 and #3 have been addressed in Draft #5. 2) Concern #2 regarding the arbitrary boundaries of the Kailua Village core: She believes the Kailua Village core, as defined in the proposed sign code, should be a larger area, such as the area defined as the Kailua Village Design district in the county zoning code (HCC 25-7-1). My understanding is you wanted to hear more public input regarding this issue. 3) Concern #4: She is requesting a "wanting" level of penalty be included, prior to being issued a citation. 4) Concern 45: 1 do not have the summary sheets she refers to. 5) Concern #6: She is incorrect in reading all the sections in conjunction with each other. The language specifies that the sections applicable to the Kailua Village core take precedence over other provisions. I will be at the council meeting tomorrow.