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WHEREAS, under Section 3-23(a), Hawaii County Code 1983 (2005 Edition, as <br />Amended), the variance may be granted where (1) the variance is necessitated by the peculiarity <br />of the Applicant's outside sign requirements, (2) the adjacent tenants will not be adversely <br />affected inasmuch as they have approved the Applicant's request, (3) the granting of the variance <br />will not unreasonably violate the interest, safety, convenience, or general welfare of the public <br />inasmuch as the proposed sign will identify the location of the Applicant's business premises for <br />the public and no other outside identification exists for the Applicant's business along any street <br />frontage, (4) a strict application of the terms of the County Code to the Applicant would work an <br />unnecessary hardship and practical difficulty on the Applicant inasmuch as another larger sign <br />has already obtained a variance for placement on the same wall along the same street frontage, <br />(5) granting the variance will not constitute a grant of personal or special privilege inconsistent <br />with the limitations upon other properties under identical ordinances, statutes, or rules, inasmuch <br />as the variance would allow the applicant the same general privileges enjoyed by other <br />businesses and commercial/ industrial uses in the County, other Kailua Village uses are highly <br />visible from the public rights-of-way and are of a scale and setback appropriate for restricted <br />signage, and (6) the limited variance allowing an increase from one to three signs for this <br />business, letters no more than 8 inches taller, the `H monogram' symbol no more than 40 inches <br />taller, and an area no more than 31 square feet larger than the Code limitation will comply with <br />all other requirements of the County Code; and <br />WHEREAS, under Section 3-22(a), Hawaii County Code 1983 (2005 Edition, as <br />Amended), the Hawaii County Council is authorized to grant, by resolution, a request for a <br />variance from any provision of the Chapter 3 if the request meets the standards of Division 6 of <br />Chapter 3 of the County Code; now, therefore, <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 Kona Hospitality <br />LLC, for a variance from Hawaii County Code Sections 3-58(b), 3-58(c), & 3-60 (a) be, and <br />hereby is, GRANTED, subject to the following conditions: <br />1. The variance shall allow for a wall signs substantially as represented in the <br />Application as to size, design, location, construction and other material <br />characteristics. <br />2 <br />