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COUNTY OF FIAWAPI <br />STATE OF FIAWAI`I <br />RESOLUTION NO. 292 1'0 <br />A RESOLUTION GRANTING PETER J. PIPER APPLICATION FOR A VARIANCE <br />FROM CHAPTER 3, SECTION 3-58(c) and 3-59(x)(4) OF HAWAII COUNTY CODE <br />1983 (2005 EDITION, AS AMENDED), RELATING TO THE SIGN CODE. <br />WHEREAS, Peter J. Piper, of Piper Designs, has been contracted to create signage on <br />behalf of Htmlpy's Big Island Ale House; and <br />WHEREAS, Peter J. Piper, (hereafter, "Applicant") seeks a variance from chapter 3, <br />Hawaii County Code 1983, 2005 Edition, as amended, (hereafter "HCC"), relating to signs, that <br />would permit erecting one marquee sign and one wall sign of same size and characteristics as <br />existed for the previous tenant Hard Rock Cafe; and <br />WHEREAS, this building is located in the Coconut Grove Marketplace, owned by LRG <br />Real Estate LP, PO Box 306 Kamuela, HI 96743, occupies property located at TMK: (3)7-5- <br />009:025, and is zoned V-.75; and <br />WHEREAS, section 3-58(c), HCC, provides that any lettering or symbol shall not <br />exceed nine inches in height; and <br />WHEREAS, Applicant consequently seeks a variance from section 3-58(c), HCC, to <br />permit erection of its 15.5 square foot marquee sign although the 18" logo exceeds 9" limitation <br />set by this code; and <br />WHEREAS, section 3-59(a)(4), HCC, provides that maximum sign elevation for a wall <br />sign as measured from the finished ground elevation to the top of the sign, shall not exceed nine <br />feet above the grade or finished floor level or one-half the height of the wall on which it is <br />located, whichever is less; and <br />WIIEREAS, Applicant consequently seeks a variance from section 3-59(a)(4), HCC, to <br />permit erection of its 15.5 square foot marquee sign and wall signs although the elevation <br />restriction would dictate a substantial difference from the historical positioning of the signs on <br />the exterior of the existing structure; and <br />WHEREAS, the Applicant has submitted Sign Permit Application S2009 -3204K, <br />approved by public works on 12/4/2009 with the stipulations of non-compliance with sections <br />3-58(c) and 3-59(a)(4), HCC, and direction to apply for variance, and likewise approved by the <br />Kailua Village Design Commission on 1 1/24/2009; and <br />WHEREAS, the Applicant has submitted Sign Code Variance Application, dated <br />December 16, 2009, (hereafter "Application"), to the Director of the County Department of <br />