RES 730 Draft 01 2016-2018 - Laserfiche WebLink

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business, or as a result of a special event or circumstance; in as much as the applicant has owned and operated the service station/mini-market in this location continuously since 1990 when the operation was originally branded as a Chevron service station, and when in 2016 Chevron closed its Hawaii operations this station was re -branded as a Shell station. During this re -branding process the owners were advised that as the signs were changing lettering/logos a new sign permit was required. In the sign permit review process, it was determined that the price sign along Kuakini Highway was located within the setback area. This sign was relocated from eight (8) feet away from the highway right-of-way to fifteen (15) feet away from the highway right-of-way. The price sign fronting Lako Street, which is identical to the price sign on Kuakini Highway, was allowed to remain in its original location. Both signs are 32 square feet. Since the price sign along Kuakini Highway was relocated, the size of the sign was determined to be more than the allowed 24 square feet per, Section 3-11 (a) (1) (B) of the Sign Code. The 32 square foot price sign fronting Lako Street was grand fathered in and allowed to remain as is. On September 8, 2017, a sign permit was issued for the Kuakini Highway price sign, Permit No. SK2917-00023. Because of the size restriction the owners have had to place translucent vinyl on an eight (8) square feet portion of the sign. This request for a variance is a result of a special event or circumstance. (2) granting of the variance will not adversely affect the rights of adjacent property owners or tenants; in as much as the price sign in question has been located along Kuakini Highway since 1990, by relocating this sign away from the highway it is less visible from the highway than previously and its size is unchanged. Currently the sign has eight (8) square feet covered by translucent plastic. The owner/applicant is not aware of any complaints in the last 28 -years by neighboring property owners or tenants that the price sign has adversely affected their rights. The price sign has always been 32 square feet; (3) the granting of the variance will not unreasonably violate the interest, safety, convenience, or general welfare of the public; in as much as the price sign in question has been located along Kuakini Highway since 1990, the owner/applicant is not aware of any concerns about safety, convenience or general welfare of the public during the last 28 -years. The price sign has always been 32 square feet and it is now located further from the highway right-of-way; (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 in as much as a strict application of the term of Chapter has required the applicant to cover portions (8 square feet) of the sign to meet the limitations on size that were different 28 -years ago when the price signs were installed, this creates 0