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Home My WebLink AboutRES 219 Draft 01 2006-2008 OFFICE INFORMATION ONLY Meeting: June 20, 2007 -Council Meeting (14~' Session) Action: Filed Resolution 219-07 and approved PWIRC-22 PWIRC Report 22 transmitted the above resolution with a "negative" recommendation. Re: C-434/Resolution 219-07/PWIRC-22 Miv or y__ u!~'~;: COUNTY OF HAWAII w°• STATE OF HAWAII ' h~oi'Mi~? RESOLUTION NO. 21.9 07 RESOLUTION GRANTING GARY O'BRIEN'S APPLICATION FOR A VARIANCE FROM CHAPTER 3, SECTION 3-58(a)(1)(B), HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO THE SIGN CODE (RE. LUHIA CENTER I). WHEREAS, GARY O'BRIEN, (hereafter, "Applicant") seeks a variance from chapter 3, Hawaii County Code 1983, 2005 Edition, as amended, (hereafter "HCC"), relating to signs, that would permit him to erect a directory sign that is 30 square feet in size, at the business center located at 74-5605 Luhia Street, Kailua-Kona, Hawaii 96740; and WHEREAS, this building is owned by the Luhia Partners LP, a Hawaii Limited Partnership of 74-5533 Luhia Street, #100, Kailua-Kona, Hawaii 96740; and WHEREAS, this building occupies property located at TMK: (3)7-4-15:21, that is zoned MG-lA, and lies within the Kailua Village Design District; and WHEREAS, section 3-58(a)(1}(B), HCC, provides that directory signs within the Kailua Village Design District shall not exceed 22 square feet; and WHEREAS, Applicant consequently seeks a variance from section 3-58(a)(1)(B), HCC, to permit erection of his 30 square foot directory sign although it exceeds the applicable 22 square foot maximum; and WHEREAS, the Applicant submitted a sign code variance application, dated February 8, 2007, (hereafter "Application"), to the Director of the County Department of Public Works (hereafter "Director"); and WHEREAS, pursuant to section 3-53, HCC, the Director forwazded a copy of the Application to the Kailua Village Design Commission for its consideration; and WHEREAS, after considering this Application during its January 9, 2007 meeting, the Kailua Village Design Commission voted to recommend to the Director that this Application be approved with accompanying recommendations that: "1. The building owner shall be advised that there are illegal signs on the property, including banners and sandwich board signs, and that these illegal signs must be removed; and 2. The design should be revised to have the street address placed beneath the building name on the sign"; and WHEREAS, the Applicant 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 vaziances; 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 hardship or practical difficulty, and where desirable relief may be granted without detriment to the public interest, convenience or welfaze, and that the Council shall do so by resolution; and WHEREAS, section 3-23, HCC, sets forth the conditions, which are addressed below, that must exist in order to grant a vaziance; and 2 WHEREAS, pursuant to section 3-23(a)(1), HCC, the Council finds that granting this variance is necessitated by 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 because: 1. This large building, that is located in the "Old Industrial Area" in Kailua-Kona, has many tenants, sits on a large property with major frontage, and has a need for a directory that can be read from the street at the entrance of the property; 2. These businesses need their names to be visible from the road so that the public can find them without endangering the safety of the public at large, i.e. by blocking the street right-of--way; 3. The number of tenants in the building makes for unique circumstances, in that the names need to be large enough that they can be read from 20' away in a car; and 4. The granting of this variance is necessary for the reasonable use of this building; and WHEREAS, pursuant to section 3-23(a)(2), HCC, the Council finds that granting this variance will not adversely affect the rights of adjacent property owners or tenants because: 1. This directory was unanimously approved by the Kailua Village Review Board; and 2. The beautiful new sign will increase property values and rid the roadside of dangerous clutter, i.e., sandwich signs; and WHEREAS, pursuant to section 3-23(a)(3), HCC, the Council finds that granting this variance will not unreasonably violate the interest, safety, convenience, or general welfare of the public because: 1. The effects of granting this variance will have a positive impact on the people and properties in Kailua-Kona; 3 2. This is a one sided non-illuminated directory that will fit nicely into the landscape; 3. This directory is the same color as the buildings and is going to integrate nicely into the landscaping; 4. The sandwich signs and banners will all be removed from the walls and street adjacent to this directory; 5. Granting the variance will improve the safety, convenience and the general welfare of the public by making the names of the businesses readable; and 6. The public and emergency equipment will have a way of finding businesses that they are looking for without blocking the right of way with their automobiles and trucks; and WHEREAS, pursuant to section 3-23(a)(4), HCC, the Council finds that a strict application of the terms of the County Sign Code would work unnecessary hardship and practical difficulty upon the Applicant or the community, because: 1. These signs are needed to identify the building name and address for fire and other rescue services; and 2. The businesses need to be identified from the road so that they can serve the needs of the community; and WHEREAS, pursuant to section 3-23(a)(5), HCC, the Council finds that 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: L It is necessary and consistent with other directories in the "Old Industrial" area that are existing on other properties; and 4 2. These directories will have a smaller overall size than several existing directories in the Kona "Old Industrial" area; 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 unnecessary hardship or practical difficulty, and where desirable relief may be granted without detriment to the public interest, convenience or welfare. 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 variance from the County Sign Code, section 3-58(a)(1)(B), HCC, be, and hereby is GRANTED, subject to the following conditions: 1. The variance shall allow for one directory sign of 30 square feet that is otherwise substantially as represented in the sign permit application of December 14, 2006, and the sign variance application of February 8, 2007, and supporting materials, as to size, design, location, construction and other material characteristics, with the exception that the design should be revised to have the street address placed beneath the building name on the sign. 2. Illegal signs on the property, including banners and sandwich board signs, must be removed. 3. The variance 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. 5 4. Should business operations substantially as represented in the Application cease, or for other good cause, this vaziance 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 M BER, COUNTY OF HAWAII COUNTY COUNCIL ROLL CALL VOTE County of Hawaii AYES NOES ABS Ex Hilo, Hawaii FORD HIGA I hereby certify that the foregoing RESOLUTION was by HOFFMANN the vote indicated to the right hereof adopted by the COUNCIL of the IKEDA County of Hawaii on JACOBSON NAEOLE ATTEST: PILAGO YAGONG YOSHIMOTO Reference: C-434/PWIRC- COUNTY CLERK CHA[RMAN & PRESIDING OFFICER RESOLUTION NO. 219 6