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J1SVOsM .. vd,. COUNTY OF HAWAII STATE OF HAWAII RESOLUTION NO. 90 13 (DRAFT 2) RESOLUTION GRANTING A VARIANCE FROM CHAPTER 3, SECTIONS 3-58(c)(1), 3- 59(a)(4), AND 3-61(a)(2) HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED), TO ALLOW FOUR WALL SIGNS ON 75-5570 KUAKINI HIGHWAY, TMK NUMBER (3) 7-5-005:085 (ZONED ML-20, KAILUA VILLAGE SPECIAL DESIGN DISTRICT). WHEREAS, Hawai`i Tire Company, LLC, the lessee (hereinafter"Applicant") of an industrial/retail store in the property identified as TMK No. (3) 7-5-005:085, located at street address 75-5570 Kuakini Highway, 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 13, 2012 (hereinafter "Application") from (1) the nine inch height limitation of Section 3-58(c), (2)the nine feet elevation limitation of Section 3- 59(a)(4), and (3) the prohibited sign limitation of Section 3-61(a)(2), Hawai`i County Code 1983 (2005 Edition, as Amended), 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, as Amended); and WHEREAS, the Subject Property is a retail commercial/industrial building located at 75- 5570 Kuakini Highway, Kailua-Kona, Hawai`i, 96740 which has in excess of two hundred forty (240) linear feet of frontage along Kuakini Highway; and WHEREAS, the proposed signs will be placed on each building's wall at approximately seventeen (17) feet above ground level along the Kaiwi Street and 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 franchisor's outside sign requirements, (2) the adjacent tenants will not be