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HomeMy WebLinkAboutRES 140 Draft 01 2006-2008OFFICE INFORMATION ONLY Meeting: May 2, 2007 -Council Meeting (11`~ Session) Action: Close File -May 2, 2007 Re: RESOLUTION 140-07/C-309/PWIRC-16 COUNTY OF HAWAII RESOLUTION NO. STATE OF HAWAII i4o u'7 RESOLUTION GRANTING KOYO USA CORP'S APPLICATION FOR A VARIANCE FROM CHAPTER 3, SECTION 3-11(a), HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO THE SIGN CODE. WHEREAS, KOYO USA, Corp., a Hawaii corporation, (hereafter, "Applicant") seeks a variance from chapter 3, Hawaii County Code 1983, 2005 Edition, as amended, (hereafter "HCC"), relating to signs, that would permit it to erect a wall sign that is 680 square feet in size, upon the building that houses its place of business at 73-4460 Queen Kaahumanu Highway, #124, Kailua-Kona, Hawaii 96740; and WHEREAS, this building is owned by the Natural Energy Lab of Hawaii Authority (hereafter "NELHA") of 73-4460 Queen Kaahumanu Highway, #110, Kailua-Kona, Hawaii 96740, occupies property located at TMK: (3)7-3-9:39, and lies within the general industrial zoning district, MG-3a; and WHEREAS, section 3-11(a)(6)(A), HCC, provides that wall signs within the MG district shall neither exceed 15 percent of the total exposed area of the wall, associated with the business on which the sign is displayed, nor exceed 150 squaze feet, whichever is less; and WHEREAS, because 15 percent of the total exposed area of the wall is 720 squaze feet, the maximum size wall sign allowed in this situation would be the lesser figure of 150 squaze feet; and WHEREAS, Applicant consequently seeks a vaziance from section 3-11(a)(6)(A), HCC, to permit erection of its 680 squaze foot wall sign although it exceeds the applicable 150 square foot maximum; and WHEREAS, the Applicant has submitted a Sign Code Variance Application, dated January 23, 2007, (hereafter "Application"), to the Director of the County Department of Public Works and has demonstrated that this Application is complete with all information and attachments and fees paid as required by section 3-22, HCC; and WHEREAS, pursuant to section 3-22, HCC, the County Council is required to consider applications for sign variances; and WHEREAS, section 3-22, HCC, provides that the County Council may grant a request for a variance, in unique cases where strict enforcement of chapter 3, HCC, the County Sign Code, would result in unnecessary hazdship or practical difficulty, and where desirable relief may be granted without detriment to the public interest, convenience or welfaze and the Council shall do so by resolution; and WHEREAS, section 3-23, HCC, describes conditions that must exist in order to grant a variance which are discussed below; and WHEREAS, pursuant to section 3-23(a)(1), HCC, this variance is necessary because the Applicant's main building faces and is located approximately 1/4 mile away from Queen Kaahumanu Highway, which is the route that visitors must travel in order to reach the Applicant's facility, and this peculiar physical condition requires a variance to permit placement of a sign of sufficient size to afford visibility from the highway; and WHEREAS, pursuant to section 3-23(a)(1), HCC, this vaziance is necessary because Applicant is the largest exporter in the State of Hawaii, shipping 180 containers (40'-0") to Japan every month, and with sales agents consequently visiting the facility, and this unique nature of Applicant's business makes it imperative that visitors to the facility be able to easily identify this business from the highway as the Koyo Mahalo Plant; and WHEREAS, pursuant to section 3-23(a)(2), HCC, granting this variance will not adversely affect the rights of adjacent property owners or tenants because the proposed wall sign will be set back from the highway approximately 1 /4 mile, will neither obscure nor compete with the signs of other businesses, and there aze no other businesses located between Applicant's facility and the highway; and WHEREAS, pursuant to section 3-23(a)(3), HCC, granting the vaziance will not unreasonably violate the interest, safety, convenience, or general welfaze of the public because in addition to the factors stated in the previous paragraph, the larger sign will allow drivers to see and read the sign from the highway with a quick glance rather than requiring them to strain to read the smaller sign permitted by the present law, thereby promoting traffic safety; and WHEREAS, pursuant to section 3-23(a)(4), HCC, a strict application of the terms of the sign code would work unnecessary hazdship and practical difficulty upon the Applicant and the community because Applicant has no NELHA access road or highway frontage and given the distance of the building from the highway, a strict application of the terms of the sign code would render a sign of permitted size bazely visible from the highway; and WHEREAS, pursuant to section 3-23(a)(5), HCC, 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 vaziance allowing only the one sign of lazger size due to the peculiar circumstances stated above, and all other requirements of the sign code will be complied with; and WHEREAS, pursuant to section 3-23(a)(6), HCC, the subject Application is complete; and WHEREAS, Applicant`s situation is a unique case where strict enforcement of chapter 3, HCC, would result in unnecessazy hazdship or practical difficulty, and where desirable relief may be granted without detriment to the public interest, convenience or welfaze. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII, in accordance with section 3-22(a), HCC, that the Application for a vaziance from the sign code, section 3-11(a)(6)(A), HCC, be, and hereby is GRANTED, subject to the following conditions: The variance shall allow for one wall sign of 680 square feet that is otherwise substantially as represented in the sign permit application of November 1, 2006, and the sign variance application of January 23, 2007, and supporting materials, as to size, design, location, construction and other material characteristics. 2. The vaziance shall run with the land and remain in force for so long as Applicant or its successor shall continue in operation substantially as represented in the Application, at the same or at greater density or intensity of business use. 4 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 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. Dated at ,Hawaii, this day of , 2007. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII COUNTY COUNCIL County of Hawaii Hilo, Hawaii [ hereby certify that the foregoing RESOLUTION was by the vote indicated to the right hereof adopted by the COUNCIL of the County of Hawaii on ATTEST: COUNTY CLERK CHAIRMAN & PRESIDING OFFICER ROLL CALL VOTE AYES NOES ABS EX FORD HIGA HOFFMANN IKEDA JACOBSON NAEOLE PILAGO YAGONG YOSHIMOTO Reference: C-309/PWIRC RESOLUTION NO. 1.4® U7 5 Harry Kim Moyor ~IIUZt~~ II~~2t~lttTt`T DEPARTMENT OF PUBLIC WORKS Aupuni Center IOI Pauahi Sheet, Suite 7 ~ Hilo, Hawaii 96720-4224 (SO8) 96t-83u • Fax (808) 96t-863o Bruce C. McClure Director Jiro A. Sumada DepuryDirec[or r.:. February 9, 2007 `°. ~) ._.a r '- Casey Jarman, County Clerk ~_ ~; _ 25 Aupuni Street I Hilo, HI 96720 `"' -,-, Subject: Resolution for a Sign Variance KOYO USA 73-4460 Queen Kaahumanu Hwy. _, Kailua-Kona, HI 96740 `' TMK: 7-3-009:039 Pursuant to HCC Sec. 3-22© Variances, I am forwarding KOYO USA's completed application for a sign variance. The owner and applicant is KOYO USA and their phone number is (808) 284-6666. They are requesting a variance for a wall sign that is 680 square feet in area. HCC Sec. 3-11(a)(6)(A) allows a wall sign not exceeding fifteen percent of the total area of the wall nor exceeding 150 square feet, whichever is less. ~ruce McClure Director of Public Works Cc: KOYO USA W/o Enclosures Enc. County of Hawaii is an Equal Opportunity Provider and Employer. DEPARTMENT OF PUBLIC WORKS BUILDING DIVISION SIGN CODE VARIANCE APPLICATION (1) Sign Owner/Applicant Name L' ?3 - 7 Mailing Address Phone Number (Business) r (2) Property Owner: ~f ~ Phone Number (Residence) NEB Mailing Address Phone Number (Business) Phone Number (Residence) (3) Location of Sign Tax Map Keg~3 ~' ~J- 7.' .39 (4) Zoning (5) Hawaii County Code Section(s) From Which A Variance Is Being Requested: ~~> (6) Attachments required to be filed with this application: (a) A complete copy of any sign permit application or rejection of the sign permit, if any; (b) A photo or drawing of the relevant sign(s); (c) A map showing the location of the sign(s) and showing all streets adjacent to the building or lot where the sign is located; (d) A list of the names, addresses, and tax map keys of all property owners located within 300 feet of the perimeter boundary of the affected property. (7) Filings Fees: This application must be accompanied by a fee of $100 for each sign or an amount equal to 10% of the total value of the sign(s), excluding installation costs, whichever is greater, payable to the County Director of Finance. (8) Applicant must provide written explanations for the following (please attach sheets): (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; (b) Granting the variance will not adversely affect the rights of adjacent property owners or tenants; (c) Granting the variance will not unreasonably violate the interest, safety, convenience, or general welfare of the public; (d) A strict application of the terms of this chapter would work unnecessary hardship and practical difficulty upon the applicant or community; (e) Granting [he variance will not constitute a grant of personal or special privilege inconsistent with [he limitations upon other properties under identical ordinances, statutes or rules. I hereby certify that all work requested will coxtc appropriate sections of the Hawaii County Code Applicant's Signature ^ \ ate ~ ~ ~ d~ ~'I Owner Department of Public Works. Buildin¢ Division Application Reviewed 3 ~o Review by Kailua Village Design Commission required? Yes No If yes, date application sent to Planning Date application returned from Kailua Village Design Commission Date Application Sent with Resolution to Council: Date Resolution Approved: Date Resolution Disapproved Hawaii County is an equal opportunity provider and employer County of Hawall Valuation $ Department of Public Works ,~S'.p~ BUILDING DIVISION Fee $ SIGN PERMIT APPLICATION Legal Owner ~(.-ID LXS~ Address7~~ `F~(o/~ ~I.t~N 15 J~tJ No. ~~ / ~ I-, Tel. Sign Own~er~ d In ucS Address ~ - ~~ ~~ F ~~_ No. C u.k ~~c~~ Address P ~ !_,'~J `~~~ I ~ Tel. y~r~ ~~ v~ Designer ~Q- No. Slgnlnstaller Wdi~n~~~ '~Z(Zi,D~nix ~les~RC.2Address 1r-{-55i13 ~I~I S~ IoZS No~. 33/-11 Electrical Contractor Sign Location TYPE OF SIGN Address '~U ~~ (District) Zone ~~ G ~ 3 4 MATERIAL AREA ILLUMINATED HT. CLEARANCE 1. Marquee 2. Projecting 3. Ground 4. Wall /1J 5. Roof Remarks: _/ THE SIGN SHALL COMPLY~WITH THE HAWAII COUNTY CODE AND STATE LAWS REGULATING SIGNS. TOTAL AMOUNT OF SIGNS FACING ANY ADJACENT STREET SHALL NOT EXCEED TWO. (NO MORE THAN ONE SIGN OF EACH TYPE OF SIGN PERMITTED). SEPARATE ELECTRICAL PERMIT REQUIRED F ECTRICAL WORK RELATING TO THIS PERMIT. APPLICANT Date APPROVED: REVIEWED BY: ~. G1/nti~z9 /2 - 7- fi'h ~PLA ING DE DATE LI BUILDING DIVISION DATE 8/91 4C Tel. No. PERMIT N0. 3rd DIVISION Z S PL PAR LOT ~ ~ 9 3~ z OFFICE COPY x ~~ .~ ~~ a~ e~ o p `~ a M '~' C U ~.Q O ^ ~, ~y' O Y d 0.~ ~ ~ O ~~ O O ~ ~ a h _:_ ~~ .rte -_ ,. yd ~~ O U \ L I ~ ~ J `'~ O C i O V _ ~ Q Q N C Y n ~ V `r ~ m M N ~ 0 ~ ~ N i C in N £ "O C •V „ o _ w o. m - ~ . ;~ o Q •~5 ;, ~, 1 ~ =a -a~ o "a -o f AOIS .._.,p'Cc ~ ~ u°",II ~o-g APR-03-2067 TUE 03:50 PM Cotes Legistativ= Audiiar FAX N0. 80A 961 8572 P. 02 ~"" O ~ Q 4 w F ~a ~~ \b' ~ V j o~ ~ ~%~ a Q a m~z= goo °r >-04¢ z LL' J ~ `s OJ Lr17 p Y O ¢ Q~ waQ¢ a ~_ 3 -~ Y ~ CJ.. Q ~ ~ I~ 3 m~,Q?1 J U .~ ~ ~ ~ Y 9 T Q~ ~ ~ zo ~ q ~- ~ z ~_ ~ ~ ~ ~ Z w a U w z z ~ a ~. ~, ~ w J QQ z O ~ W T ~ Y Y O f a tJ ~.,. o a z r 5 ~oeia ini ine.+ d~.wrn in cn ~dH w ~~~~~,~ PAUL BLECK A.I.A., LTD. P.O. Box 4771 Kailua-Kona, HI 96745 Phone (808) 326-1598 Fax (808) 331-81 10 Email: paul@paulbleck.com Date: January 15, 2007 To: County Of Hawaii, Dept. of Public Works, Building Division Re: List of Names, Addresses, and TJViK's of all Property Owners located within 300 feet of the Perimeter boundary of the affected property For: Koyo USA (Lessee of State of Hawaii at NELHA) TMK# (3) 7-3-009:039 Per the attachments required to be filed with the Sign Code Variance Application, a list of names, address, and TMK's of all property owners located within 300 feet of the perimeter of the above- referenced property are as follows: TMK Property Owner/ Lessee (3) 7-3-009:034 State of Hawaii/ NELHA (3) 7-3-009:054 State of Hawaii/ NELHA (3) 7-3-009:050 State of Hawaii/ NELHA (3) 7-3-009:038 State of Hawaii/ NELHA (3) 7-3-009:037 State of Hawaii/ NELHA (3) 7-3-009:033 State of Hawaii/ NELHA (3) 7-3-009:051 State of Hawaii/ NELHA Address 73-4460 Queen Kaahumanu Hwy. Ste 1 73-4460 Queen Kaahumanu Hwy. Ste 1 73-4460 Queen Kaahumanu Hwy. Ste 1 73-4460 Queen Kaahumanu Hwy. Ste 1 73-4460 Queen Kaahumanu Hwy. Ste 1 73-4460 Queen Kaahumanu Hwy. Ste 1 73-4460 Queen Kaahumanu Hwy. Ste 1 KOYO USA CORPORATION Counfy D•vector of Fin~ce a Bank of Hawaii -Main FOing Fee for Koyo USA Corp. Si@~ 1/18/2007 ~. 4167 100.00 100.00 filing fa fm Koyo USA Coop. sign w ,p PAUL BLECK A.I.A., LTD. P.O. Box 4771 Kailua-Kona, HI 96745 Phone (808) 326-1598 Fax (808) 331-8110 Email: paul@paulbleck.com Date: January 9, 2007 To: County Of Hawaii, Dept. of Public Works, Building Division Re: Written Explanation for Sign Vaziance Application For: Koyo USA (Lessee of State of Hawaii at NELHA) TMK# (3) 7-3-009:039 For your review, per item No. 8 on the Sign Code Variance Application, we have provided below written explanations for the following: 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 Physical conditions are such that the sign will need to be seen from the highway, which is approximately'/. mile away. A sign will not be readable from that distance unless a variance is obtained. This is the only road frontage available for the building to identify this business. b) Granting the variance will not adversely affect the rights of adjacent property owners or tenants Koyo USA's main building faces Queen Kaahumanu Highway and there are no other businesses facing that direction between Koyo and the highway. The signs of other businesses will not compete with the Koyo sign as they and their signs face a different road and direction. c) Granting the vaziance will not unreasonably violate the interest, safety, convenience, or general welfare of the public The sign is so far away from the road and public view it will not be obnoxious to the public and will not violate the general welfare of the public. The sign needs to be larger than the code allows in order to be seen and read from the highway with a quick glance, so it won't be a safety concern for drivers straining to read the sign while driving by. d) A strict application of the terms of this chapter would work unnecessary hazdship and practical difficulty upon the applicant or community Koyo USA has no NELHA Access Road frontage or highway frontage. The size of the wall is so large that a strict application of the terms of the signage would work unnecessary hardship in that the sign would barely be visible. B .,.. - Koyo USA is the largest exporter in the State of Hawaii by shipping out 180 containers (40'-0") to Japan every month. Its sales agents visit the facility periodically and the proposed sign is very important to identify it from the highway as Koyo Mahalo Plant. 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. There are no other properties under identical ordinances, as they have Access Road frontage or highway frontage while Koyo USA does not. Your timely approval of this variance will help to vitalize the Big Island Economy through Koyo USA's bottling business, who most contributes to NELHA by payment to support the facility. Yours truly, ~~ Paul Bleck ~°--~ 2