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- RECEIVED ~re~.~. erg9-~ ~Ny cD~~~n V a n P E R N I S S M I T H & V A N C I L July 14, 1997 Dominic Yagong Chairman, Public Works and Parks Committee County Council County of Hawaii Hawaii County Building 25 Aupuni Street Hilo, Hawaii 96720 RE: Sign Permit Application The Jose Business Trust Dear Chairman Yagong: The Jose Business Trust, doing business as International Motors, pursuant to Section 3-5 of Chapter 3, Advertising and Signs - of the Hawaii County Code, seeks approval in the form of a variance for the below referred to twelve (12) existing flags or banners. A variance is sought because: 1. International Motors was requested or instructed by the County's Department of Public Works to submit a Sign Permit Application for the flags, (because of what we understand was a complaint from another business), and the Application was made on July 7, 1997 in the form attached hereto as Exhibit "A"; 2. On July 8, 1997 the Building Division of the Department of Public Works stated that it was "unable to approve the subject application" referring to Sections 3-25 and 3-29 of Chapter 3, and in essence denied the Application to approve (permit) the twelve (12) existing flags except for one (1). A copy of that denial letter is attached hereto as Exhibit "B". 3. International Motors has incurred expenses of $6,600.00 as to the flags that appear to be commonly used throughout the Island of Hawaii, particularly by car sales businesses. i 4. International Motors appears to be the subject of discrimination. Scaled drawings and photographs of the existing flags and their location 4 were submitted with the Application. Attached as Exhibit "C" are copies of ~ wTrow+Rxs wt uw ~ ~ A LA W CORPoRATION ~ ppre` MARKVanPERNIS -DAVID E. SMITH -GARY W. VANCIL - Wm. I. ZIMMERMAN ~r N L7 SUITE H, HUALAI,AI CENTER, 95-169P HUA4LLAI ROAD - P. O. BOX 1839, KAB.UA-KONA, HAWAH 9fi90.9 - PHONH (808) 329-3551, PAX (808) 329-fi185