RES 424 Draft 01 2018-2020 - Laserfiche WebLink

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WHEREAS, pursuant to HCC § 3-22(a), the Hawaii County Council may grant, by resolution, a request for a variance from any provision of Chapter 3 where the conditions delineated in HCC § 3-23(a) exist; and WHEREAS, pursuant to HCC § 3-23(a), 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; and WHEREAS, considering the justifications set forth in the Application, the Council finds the Application satisfies the conditions delineated in HCC § 3-23(a); now, therefore, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII in accordance with HCC § 3-22(a), Kona Owner, LLC's Application for a variance from the above referenced HCC provisions be and hereby is GRANTED, subject to the following conditions: 1. The variance shall allow for signs GR -1D-1 A, GR. -ID -113, GR -ID -3A, GR. -ID -313, SFWY-ID-1, 102, 103, 105, 106, 120, 123, 201a, 202a, 203a, 204a, 205a 6101a, 6101b, 6201b, 1200a, 1200b, 1300a & 1300b, 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 Hawaii County Council, upon notice to the Applicant and adjacent tenants and hearing as would be required for an Application for a variance under the HCC. 4