RES 730 Draft 01 2016-2018 - Laserfiche WebLink

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a. Granting the variance is necessitated by the peculiar physical conditions not ordinarily found in most districts, because of the peculiarity of a business, or as a result of a special event or circumstance; The variance request is as a result of a special event or circumstance. The applicant has owned and operated the service station/min i- market in this location continuously since 1990. The operation was originally branded as a Chevron service station. In 2016 Chevron closed its Hawaii operations and this station was re -branded as a Shell station. During this re -branding process the owners were advised that since 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 eight (8) feet away from the highway to the current location shown on the site pan. 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 of these signs are 32 square feet. Since the price sign along Kuakini Highway was relocated the size of the sign was determined to be in excess of 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 grandfathered 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 to obscure eight (8) square feet of the sign. This portion of the sign advertises V -Power and Diesel. The owner/applicant believes that a new sign permit should not have been required and that the original price sign along Kuakini Highway, which is identical to the price sign along Lako Street should have been grandfathered in as well as the price sign along Lako Street. This request for a variance is a result of a special event or circumstance. b. Granting the variance will not adversely affect the rights of adjacent property owners or tenants; The price sign in question has been located along Kuakini Highway since 1990. By relocating this sign eight (8) feet away from the highway it is less visible from the highway than previously and it is the same size as it always has been. Currently it has eight (8) square feet covered. 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. c. Granting the variance will not unreasonably violate the interest, safety, convenience, or general welfare of the public; The price sign in question has been located along Kuakini Highway since 1993. By relocating this sign eight (8) feet away from the highway it is less visible from the highway than previously and it is the same size as it always has been. Currently it has eight (8) square feet covered. 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. d. A strict application of the terms of this chapter would work unnecessary hardship and practical difficulty upon the applicant or community;