HomeMy WebLinkAboutCOM 0680.002 1996-1998 tY OP M
Jl4l
Stephen K. Yamashiro Richard Wurdeman
Mayor Corporation Counsel
..4~.
1Pf~pl~NP~
~CI.DIIT[~~1 II~ ~2fi~lT~IY
OFFICE OF THE CORPORATION COUNSEL
101 Aupuni Street, Suite 325 • Hilo, Hawaii 96720.4262 • (808) 961-8251 • Fax (808) 961-8622
March 4, 1998
n
Councilman Dominic Yagong
Chairman, Committee on Public Works & Parks
Hawaii County Council -
25 Aupuni Street
Hilo, Hawaii 96720
Dear Councilman Yagong:
Re: Sien Variance Application
Ronald Lamont dba Lunch Co.
You have asked us to review the attached application by Ronald Lamont, dba Lunch Co.,
located at 760 Kilauea Avenue, requesting cafe table service and an A-frame sign.
The granting of a sidewalk permit is covered under Section 22-20, Hawaii County Code,
which prohibits any activity upon a sidewalk within the city limits of Hilo without first obtaining
a permit from the council. Section 22-21 permits two classes of permits: (1) for news stands,
etc.; and (2) to place goods, wares, merchandise or cafe table services on a public sidewalk.
Section 22-24 sets forth the requirements for merchandise and cafe table service on sidewalks.
The letter from the sublessors and owner/lessor of TMK: (3)2-2-19:051, which 1 assume
is the property in question, would satisfy Section 22-24(a) which requires consent of the owner
and lessee. The information sheet for the application provides information for the purposes of
satisfying Section 22-24(b).
Finally, the applicant must comply with the conditions as set forth in Section 22-25 and
also listed on the sidewalk use permit application. With regard to subsection (e) which requires
that the County be named as an additional insured in the amount of $500,000.00, the
supplemental declaration provided by Mr. Lamont, appears to add an additional insured but does
not in and of itself list the County of Hawaii. Therefore, additional documentation is needed to
indicate that the County of Hawaii is in fact the additional insured.
t;ty~ a0. ~ g o. oz_
x~. z~, !'rQSe-
"rte
PG
MAR 1 1
Councilman Dominic Yagong
Page -2-
March 4, 1998
Assuming all those requirements can be met, it would appear that if the council finds that
there is good cause to permit the cafe table service and it would not in any way unreasonably
impede the through pedestrian flow or injure the public in any way, then a cafe table service may
be permitted by the council.
As to Mr. Lamont's second request that an A-frame sign be allowed to identify his
business, in reviewing the use of sidewalks under Chapter 22, there are no provisions once again
for the placement of a sign. Therefore it is our opinion that any sign would be prohibited from
being placed on the sidewalk area. I realize Mr. Lamont would like to increase his exposure to
traffic along Kilauea Avenue. Placing a sign on his fence or within his property would be the
only viable legal option at this time.
Sincerely,
RICHARD D. WURDEMAN
Corporation Counsel
By_ ~ p~ ~k-li-•=-~
G LD TAKASE
Deputy Corporation Counsel
GT:de
Enc.
a:~dpw\sign.wpd