RES 236 Draft 01 2016-2018 - Laserfiche WebLink

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WHEREAS, pursuant to Section 3-22(a), Hawai'i County Code 1983 (2016 Edition, as Amended), the Hawai'i County Council may grant, by resolution, a request for a variance from any provision of Chapter 3 where the conditions delineated in Section 3-23(a) exist; and WHEREAS, pursuant to Section 3-23(a), Hawai'i County Code 1983 (2016 Edition, as Amended), a variance may be granted where (1) the variance is necessitated by peculiar physical conditions not ordinarily found in most districts, because of the peculiarity of the business, or as a result of a special event or circumstance; (2) granting the variance will not adversely affect the rights of adjacent property owners or tenants; (3) granting the variance will not unreasonably violate the interest, safety, convenience, or general welfare of the public; (4) a strict application of the terms of this chapter would work unnecessary hardship and practical difficulty upon the applicant or the community; (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; and (6) the application is complete; now, therefore, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII, in accordance with Hawai`i County Code Section 3-22(a), that the Application of Benjamin Masao Ono Trust/ 1248 Kino'ole Medical Center, for a variance from Hawai`i County Code Section 3- 10(a) be and hereby is, GRANTED, subject to the following conditions: 1. The variance shall allow for a ground sign 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; and 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