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�JNtr^os h1�' COUNTY OF HAWAII STATE OF HAWAII 1Tf Ci•N/� RESOLUTION NO. 249 12 RESOLUTION GRANTING A VARIANCE FROM CHAPTER 3, SECTIONS 3-58(a)(5)(C), 3-58(c)(1), AND 3-59(a)(4) HAWAII COUNTY CODE (1983) 2005 EDITION, TO ALLOW ONE WALL SIGN ON 74-5488 KAIWI STREET, TMK NUMBER (3) 7-4-015:010 (ZONED MG -la, KAILUA VILLAGE SPECIAL DESIGN DISTRICT) WHEREAS, The Goodyear Tire & Rubber Company, the lessee (hereinafter " Applicant") of an office/ retail store in the property identified as TMK No. (3) 7-4-015:010, located at street address 74-5488 Kaiwi Street, Kailua-Kona, Hawai'i, 96740 (hereinafter the "Subject Property"), has submitted to the Director of the County Department of Public Works, an Application for a variance dated February 29, 2012 (hereinafter "Application") from (1) the seventy-five square foot limitation of Section 3-58(a)(5)(C), (2) the eighteen inch height limitation of Section 3-58(c)(1), and (3) the nine feet elevation limitation of Section 3-59(a)(4), Hawai'i County Code (1983), 2005 Edition, for the Subject Property; and WHEREAS, said Application is complete with all information and attachments and fees paid as required under Sections 3-22 and 3-24, Hawai'i County Code (1983), 2005 Edition; and WHEREAS, the Subject Property is a retail commercial/office building located at 74- 5488 Kaiwi Street, Kailua-Kona, Hawai'i, 96740 which has in excess of one hundred twenty (120) linear feet of frontage along Kaiwi Street; and WHEREAS, the proposed sign will be placed on the building wall approximately fourteen (14) feet above ground level along the Kaiwi Street frontage; and WHEREAS, under Section 3-23(a), Hawai'i County Code (1983), 2005 Edition, the variance may be granted where (1) the variance is necessitated by the peculiarity of the Applicant's franchisor's outside sign requirements, (2) the adjacent tenants will not be adversely affected inasmuch as they have approved the Applicant's request, (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