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~MtY Oi <br /> 4~ ~Jip~- <br /> <br /> Stephen K. Yamashiro Richard Wurdeman <br /> Mayor Corporation Counsel <br /> ~IR,o1,N'r <br /> ~I.DLCIT~'~J D~ ~tt~Mit <br /> OFFICE OF THE CORPORATION COUNSEL <br /> 101 Aupuni Streee, Suite 325 • Hilo, Hawaii 96720-4262 • (808) 961.8251 • Fax (808) 961.8622 <br /> 31 July 1997 <br /> OPINION NO. 97-1 <br /> c <br /> n <br /> On c? <br /> Dominic Yagong, Chair and ~ <br /> Members - <br /> Public Works and Parks Committee _ <br /> Hawaii County Council <br /> 25 Aupuni Street <br /> Hilo, Hawaii 96720 ' <br /> SUBJECT: SIGN VARIANCE REQUEST <br /> (Discrimination in Enforcement) <br /> Dear Chair Yagong and Members: <br /> In your letter of July 24, 1997, you asked for recommendations <br /> and comments on the request of the Jose Business Trust for a <br /> variance which would permit the continuing display of flags or <br /> banners at International Motors in Kona. <br /> Pursuant to Section 3-5 of the Hawaii County Code, the Council <br /> may grant a variance to an applicant for a sign permit, upon a <br /> finding that enforcement would work a hardship upon the <br /> applicant and that granting a variance would not be contrary to <br /> the spirit and purpose of this article and the public interest. <br /> Such a finding is within your discretion, and it would not be <br /> appropriate for me to interfere with that discretion by <br /> suggesting the result. <br /> There are some facets of this case that disturb me. Mr. Van <br /> Pernis, in his letter accompanying the request for a variance, <br /> argues that flags are not signs, and that the failure to cite <br /> other similarly situated violaters constitutes "discrimination". <br /> Is a Flao a Sian? <br /> The County Code, §3-2(8) defines a sign as: <br /> {,+smrn. Stir. ~'.~Q.~_.~_ <br /> F9a Nn. A~'~,._,.,.. <br /> HsY. T~: + ""anted- r~yP[~ <br /> n_. 1>a.~ AUG 0.4 <br /> <br />