TMK 7-5-008-031-0013 - KVDC Sign - Roger Clark

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RECEIVED OCT 2 G 2020 Sign Code Variance Application (8)(a -e) Written -Explanations: (Attachment to Sign Code Variance Application of R Clark) (8)(a) Granting the variance is necessitated by the fact that the Kona West Board of Directors will not allow a for -sale sign anywhere on the property. The Board is required to enforce the spirit of the Bylaws, which is to protect persons and property at Kona West, but could not provide reason(s) as to how a for -sale sign would violate the Bylaws. The applicant has documentation to prove that the Board was approached on the subject. (8)(b) Granting the variance will not adversely affect the rights of adjacent property owners or tenants because the applicant is merely requesting an extension of the 30 -day -per -calendar -year time limitation for signs that don't require a permit (Hawaii County Code 3-8(axl)(B)) . Per the Code, the applicant is requesting a variance for a single, small, unlit sign that will not exceed 2 square feet in area. The applicant is unable to determine how merely extending the time limit of an authorized sign for a temporary situation would adversely affect the rights of adjacent property owners or tenants. (8)(c) Granting the variance will not unreasonably violate the interest, safety, convenience, or general welfare of the public because the applicant is merely requesting an extension of the 30 -day -per -calendar - year time limitation for signs that don't require a permit. The sign will be affixed to a chainlink fence at the entry to Kona West, and the fence is about 2 feet high and embedded in a rockwall which is also about 2 feet high. Since the sign seems to fit the definition of a "ground sign" (Section 3-3(a)(14)), any lettering will not exceed 9 inches in height (Section 3-58(c)) and the sign will not exceed a height of 6 feet above ground -level (Section 3-59(aX2)). In addition, the sign will not be "constructed primarily of materials with a shiny, slick or reflective surface" (Section 3-61(a)(1)). The applicant is unable to determine how merely extending the time limit of an authorized sign would unreasonably violate the interest, safety, convenience, or general welfare of the public. (8)(d) A strict application of the terms of this chapter would create unnecessary hardship and practical difficulty on the applicant because of the Covid-19-created marketing limitations imposed on properties for sale. Earlier this year, the applicant's only advertising venue was a passive MLS listing, so the applicant missed an opportunity to sell the property in question as part of the IRS' 1031 Tax -Free Exchange guidelines, despite the fact that the [normally rigid] IRS granted a one-time extension of the Exchange timeline to 7/15/20. This missed opportunity also resulted in significant additional monetary losses to the applicant resulting from unit vacancy (about $11K from October 2019) and from fixed monthly costs (over $7K in association and leasehold fees, property taxes, insurance, cable and utilities). Under current Covid-19 guidelines, the decision of whether to conduct in-person open houses and caravans has been left to the discretion of each real estate agency. Under these circumstances, the applicant would need to contact each agency to determine what their current practice is, which still wouldn't guarantee the same practice in the future. Some real estate agencies are conducting virtual open houses instead, but the virtual open houses are not advertised to the general public as an in-person open house would be. Since a real estate agent said that leaseholds are especially challenging to sell, the applicant is trying to maximize all marketing venues in anticipation of greater tourism. (8)(e) 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 because the applicant is merely requesting an extension of the 30 -day -per -calendar -year time limitation for signs that don't require a permit. The sign is fulfilling a Covid-created, temporary advertising need and will be removed promptly if the property in question is either sold or permanently withdrawn from the market. The applicant is unable to determine how merely extending the time limit of an authorized sign would constitute a grant of personal or special privilege inconsistent with the limitations upon other properties under identical ordinances, statutes or rules.