COM 0642.000 2018-2020 - Laserfiche WebLink

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z i (a) In unique cases where strict enforcement of this chapter would result in unnecessary hardship or practical difficulty, and where desirable relief may be granted without detriment to the public interest,convenience or welfare, the Hawaii County council may grant,by resolution, a request for a variance from any provision of this chapter. (b) Variance applications shall be submitted upon a form designated by the director and shall include at a minimum,the following information and attachments: (7) An explanation of any unique circumstances, in particular, those arising from peculiar physical conditions not ordinarily found in most districts, peculiarity of the business or other special event or circumstance; (8) An explanation of whygranting the variance will not adversel affect the rights of adjacent property owners or tenants, including an explanation of alternative measures if any, that the applicant is proposing to take in lieu of compliance with the applicable code section; (10) An explanation of why the variance will not unreasonably violate the interest, safety, convenience, or general welfare of the public; (11) An.explanation of why a strict application of the terms of this chapter would work an unnecessary hardship and practical difficulty upon the applicant or the community; (13) If applicable,the Kailua Village design commission's and/or any advisory commission's written recommendation; B) Justification for Granting a Sign Variance Application. The following will provide the Applicant's justifications to address the four(4)criteria utilized for evaluating the merits for granting a Sign Variance Application in the Hawaii County. 1) There are unique circumstances due to the existing physical condition of the land that would justify the granting of the requested variances, as the finish grade is approximately 32 feet below the finish grade at Queen Ka'ahumanu Hwy. and the rooflines of all buildings will be about 8 feet below the finish grade at Queen Ka'ahumanu Hwy. Except for the Building 4 tower(Safeway), visibility of the project is severely limited due to the finished topography. Larger and additional identification signage would allow customers and the general public to better identify the Niumalu Marketplace project. 2) The granting of the requested variances will not adversely affect the rights of the adjacent property owners or tenants,because the Applicant is proposing extensive landscaping to buffer views from the adjoining properties. Extensive landscaping, including large canopy trees located along the Queen Ka'ahumanu Hwy. and Henry St. frontages (as required and recommended for approval by KVDC) will limit the visibility of the Niumalu Marketplace, and all buildings from adjacent properties and their businesses, and vehicles and pedestrians traveling along both thoroughfares. 3) The requested variances will not unreasonably violate the interest, safety, convenience or general welfare of the public, as the Applicant paid great care to develop signs that would be minimally intrusive and compliment the surrounding area. The Applicant also carefully evaluated the proposed sign locations to help to minimize impacts upon those driving through the area. Entrances to the project are along Henry St.,which will help to maintain safety,the free flow of traffic, and integrity 3