HomeMy WebLinkAboutRES 251 Draft 01 2004-2006
COUNTY OF HAWAII STATE OF HAWAII
RESOLUTION NO. 251 06
RESOLUTION GRANTING A VARIANCE FROM CHAPTER 3, SECTION 3-12(a),
HAWAII COUNTY CODE (1983) 2005 EDITION, TO ALLOW TWO GROUND SIGNS
FOR THE ALI`I GARDENS MARKETPLACE, TMK NUMBER: (3)7-5-020:070 (ZONED
AGRICULTURAL 5-ACRE)
WHEREAS, Eric Von Platen-Luder, the owner (hereinafter, "Applicant") of the property
identified as TMK No. (3)7-5-020: 070, located at street address 75-6129 Ali`i Drive,
Kailua-Kona, Hawaii, 96740 (hereinafter, the "Subject Property"), has submitted to the Director
of the County Department of Public Works, an Application for a variance dated October 6, 2005
(hereinafter, "Application") from the single ground sign limitation of Section 3-12(a), Hawaii
County Code (1983), 2005 Edition, for the Subject Property; and
WHEREAS, said Application is complete with all information and attachments and fees
paid as required under Section 3-22, Hawaii County Code (1983), 2005 Edition; and
WHEREAS, the Subject Property is the location of the Ali`i Gardens Marketplace, which
has approximately three hundred and fifty (350) linear feet of frontage along Ali`i Drive, and
currently hosts over 50 sales kiosks, parking areas, and accessory structures on approximately
2.5 acres, and
WHEREAS, the proposed signs will be placed eight (8) feet set back from Ali`i Drive,
and six (6) to nine (9) feet on either side of the common twin exit lane, single entrance lane
ingress/egress to Ali`i Drive; and
WHEREAS, under Hawaii County Code (1983) 2005 Edition Chapter 3 (hereinafrer,
"Sign Code") Section 3-23(a)(1), the variance is necessitated by the peculiarity of the Ali`i
Gardens Marketplace, which has many small kiosk buildings housing businesses throughout the
Subject Property, without individual business signage along Ali`i Drive, which buildings are set
back more than fifty (50) feet from Ali`i Drive and are not readily visible from the roadway, and
which share common ingress and egress, parking and other facilities, and
WHEREAS, under Sign Code Section 3-23(a)(2), granting the variance will not
adversely affect the rights of adjacent property owners or tenants, because the signs will be set
back from the street eight (8) feet, the property to the north is undeveloped, and Applicant owns
the "buffer" (undeveloped property) between the Subject Property and the property to the North.
The property to the South of the Subject Property is also undeveloped. The proposed signs will
also be located near the ingress/egress point, not near the boundaries of neighboring properties.
No objections have been received from the owners of the neighboring properties; and
WHEREAS, under Sign Code Section 3-23(a)(3), granting the variance will not
unreasonably violate the interest, safety, convenience, or general welfare of the public, because
in addition to the previous paragraph, given the wide frontage, setback of businesses, and wide
ingress/egress, the two proposed signs will assist the public in easily locating the Ali`i Gardens
Marketplace entrance from either direction, facilitating safe ingress and egress, minimizing
turn-arounds or u-turns. The proposed signs will comply with all other requirements of the Sign
Code, and the Application is supported by the Kona Outdoor Circle, by letter dated
March 14, 2005; and
WHEREAS, under Sign Code Section 3-23(a)(4), a strict application of the terms of the
Sign Code, would work unnecessary hardship and practical difficulty upon the applicant and the
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community, because restriction to a single sign of eight (8) square feet, for a property of this size
and frontage along a major thoroughfare, with a concentration of small businesses set back from
the roadway sharing a single ingress/egress point, would pose unnecessary and unreasonable
hardship and difficulty for the Applicant, the businesses on the Subject Property, and the public
attempting to locate and safely enter and leave the Subject Property; and
WHEREAS, under Sign Code Section 3-23(a)(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, because this is a limited variance
allowing only one additional sign, under the peculiar circumstances stated above, and all other
requirements of the Sign Code will be complied with; and
WHEREAS, under Sign Code Section 3-22(a), the Hawaii County Council is authorized
to grant, by resolution, a request for a variance from any provision of the Sign Code, if the
request meets the standards of Division 6, variances, of the Sign Code.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF
HAWAII, in accordance with Sign Code Section 3-22(a), that the Application for a variance
from Sign Code Section 3-12(a) be, and hereby is GRANTED, subject to the following
conditions:
1. The variance shall allow for one additional ground sign 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 Ali`i
Gardens Marketplace or a successor shall continue in operation substantially as
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represented in the Application, at the same or at greater density or intensity of
business use.
3. Should business operations substantially as represented in the Application
cease, or for other good cause, this variance may be terminated by resolution
of the Hawaii County Council, upon notice to the landowners and other
property owners, and hearing as would be required for an Application for a
variance under the Sign Code.
BE IT FINALLY RESOLVED that the Clerk of the County of Hawaii is directed
to transmit copies of this resolution to the Mayor of the County of Hawaii; the
Department of Public Works; the Office of the Corporation Counsel; and to Eric Von
Platen-Luder, property owner.
Dated at Kowa , Hawaii, this 22nd day of March , 2006.
INTRODUCED BY:
~e'a-4 s
COUNCIL MEMBER, COUNTY OF HAWAII
COUNTY COUNCIL ROLL CALL VOTE
County of Hawaii
Hilo, Hawaii AYES NOES ABS EX
ARAKAKI X
I hereby certify that the foregoing RESOLUTION was by the RIGA X
vote indicated to the right hereof adopted by the COUNCIL of HOFFMANN 3{
the County of Hawaii on March 2 2 , 20 0 6 HOLSCHUH X
IKEDA
ATTEST: ISBELL X
JACOBSON
PILAGO X
SAFARIK
s 1 0 0
Reference C-656/PW2RC-35
COUNTY CLERK CHAIRMAN & PRESIDIN FFICER RESOLUTION NO.
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