RES 089 Draft 01 2012-2014 - Laserfiche WebLink

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the public and no other outside identification exists for the Applicant's business along any street frontage, (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 another larger sign has already obtained a variance for placement on the same wall along the same street frontage, 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/industrial 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, and these proposed signs with letters 9 inches taller and symbols 24 inches taller than the Code limitation will comply with all other requirements of the County Code; and WHEREAS, under Section 3-22(a), Hawai`i County Code 1983 (2005 Edition, as Amended), the Hawai`i County Council is authorized to grant,by resolution, a request for a variance from any provision of the Chapter 3 if the request meets the standards of Division 6 of Chapter 3 of the County Code; now, therefore, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII, in accordance with Hawaii County Code Section 3-22(a), that the Application of Starbucks Coffee Company, for a variance from Hawai`i County Code Sections 3-58(c)be, and hereby is, GRANTED, subject to the following conditions: 1. The variance shall allow for a wall signs substantially as represented in the Application as to size, design, location, construction and other material characteristics. 2. The variance shall run with the land and remain in force for so long as the Applicant or a successor shall continue its business at the Subject Property. 3. Should Applicant's business operations at the Subject Property cease, the variance shall terminate. 4. For other good cause, the variance may be terminated by resolution of the Hawai`i County Council, upon notice to the Applicant and adjacent tenants and hearing as would be required for an Application for a variance under the Hawai`i County Code. 2