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COUNTY OF HAWAII '"'' % •': STATE OF HAWAII 4Tt pj'M',I_ RESOLUTION NO. 89 13 RESOLUTION GRANTING A VARIANCE FROM CHAPTER 3, SECTION 3-58(c) HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED), TO ALLOW ONE WALL SIGN ON 75-934 HENRY STREET, TMK NUMBER (3) 7-5-004:031 (ZONED CG-20, KAILUA VILLAGE SPECIAL DESIGN DISTRICT). WHEREAS, Starbucks Coffee Company, the lessee (hereinafter"Applicant") of a retail store in the property identified as TMK No. (3) 7-5-004:031, located at street address 75-934 Henry 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 September 17, 2012 (hereinafter"Application"); 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, as Amended); and WHEREAS, the Subject Property is a retail commercial/office building located at 75-934 Henry Street, Kailua-Kona, Hawai`i, 96740 which has in excess of one hundred twenty(120) linear feet of frontage along Henry Street &Kuakini Highway; and WHEREAS, the proposed sign will be placed on the building's wall at approximately ten (10) feet above ground level along the Henry Street& Kuakini Highway frontage; and WHEREAS,under Section 3-23(a), Hawai`i County Code 1983 (2005 Edition, as Amended), the variance may be granted where (1) the variance is necessitated by the peculiarity of the Applicant'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