RES 186 Draft 01 2010-2012 - Laserfiche WebLink

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WHEREAS, under Section 3- 23(a), Hawai'i County Code (1983), 2005 Edition, the variance may be granted where (1) granting of the variance is necessitated by peculiar physical conditions not ordinarily found in most districts, because of the peculiarity of a business, or as a result of a special event or circumstance inasmuch as the visibility of the retail store and thus signing area is greatly reduced due to the vertical relief from the adjacent roadways and the store's setback from such roadways, (2) granting of the variance will not adversely affect the rights of adjacent property owners or tenants inasmuch as the signs are only visible from certain limited vantage points, the intensity of lighting is being reduced from the current state, and as the proposed signs meet the general standards pertaining to signs in commercial districts in Article 1 of the sign code, the signs would not adversely affect the rights of adjacent property owners any more than other commercial signs throughout Kailua Kona; (3) the granting of the variance will not unreasonably violate the interest, safety, convenience, or general welfare of the public inasmuch as the proposed sign will identify the location of the Applicant's business premises for the public and no other outside identification exists for the Applicant's business along any street frontage, and the public interest is served by adequately and efficiently directing shoppers to the retail store from surrounding properties and roadways reducing the need for turnarounds, additional traffic movements and potential conflicts; (4) a strict application of the terms of the County Code to the Applicant would work an unnecessary hardship and practical difficulty on the Applicant inasmuch as the retailer's signage would be inadequate, not visible from the public right -of -way and unable to communicate goods and service offered on -site, the results of which would be potential traffic conflicts, inefficient traffic patterns and lost revenue, and (5) granting the variance will not constitute a grant of personal or special privilege inconsistent with the limitations upon other properties under identical ordinances, statutes, or rules, inasmuch as the variance would allow the property owner the same general privileges enjoyed by other retailers and commercial uses in the County, other Kailua Village uses are highly visible from the public rights -of -way and are of a scale and setback appropriate for restricted signage, various parties have indicated that the de facto village boundaries are considered to be non - inclusive of the subject property and the properties immediately adjacent, and the proposed sign will comply with all other requirements of the County Code; (6) the application is complete; and