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WHEREAS, under Section 3- 22(a), Hawai'i County Code (1983), 2005 Edition, the <br />Hawai'i County Council is authorized to grant, by resolution, a request for a variance from any <br />provision of the Chapter 3 if the request meets the standards of Division 6 of Chapter 3 of the <br />County Code; <br />BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII, in <br />accordance with Hawaii County Code Section 3- 22(a), that the Application of Walmart Real <br />Estate Business Trust, for a variance from Hawaii County Code Sections 3- 58(a)(5)(B), 3- 58(c), <br />and 3- 59(a)(4) be, and hereby is, GRANTED, subject to the following conditions: <br />1. The variance shall allow for two wall signs substantially as represented in the <br />Application as to size, design, location, construction and other material <br />characteristics. <br />2. The variance shall run with the land and remain in force for so long as the <br />Applicant or a successor shall continue its business at the Subject Property. <br />3. Should Applicant's business operations at the Subject Property cease, the variance <br />shall terminate. <br />4. For other good cause, the variance may be terminated by resolution of the Hawai'i <br />County Council, upon notice to the Applicant and adjacent tenants and hearing as <br />would be required for an Application for a variance under the Hawaii County <br />Code <br />3 <br />