HomeMy WebLinkAboutCOM 0577.000 2006-2008 MtY or N ~I
`~Y'.~ Vi Phone No.: (808) 326-5684
Brenda J. Ford w.
Gmncil Member Fax No.: (808) 329-4786
Distrlc[7-Centro(Rona E-Mail: bford@co.hawaii.hi.us
Or~'o.:N~Y
HAWAII COUNTY COUNCIL
County of Hawaf `i
Kailun Trade Center
75-5706 Hanama Place, Suite /09
Kaihea-Kona, Hawaii 96740
DATE: July 23, 2007
TO: Pete Hoffmann, Chairman, and
Members of the Hawaii County Council
FROM: Brenda J. Ford, Council Member ~~z~-.+-~~`-'G~~~'"
R1?: Discussion on Sign Variances
Aloha Chairman Hoffmann,
I would like to schedule a discussion by the Council on Chapter 3, SIGNS, in general, and
Sections " 3-22, Variances" and " 3-23, Variances; criteria for granting", in particular. This
discussion is due to recent questions regarding the organization responsible for writing a
resolution for a sign variance. To assist with the discussion, I am attaching a copy of sections 3-
22 and 3-23.
I anticipate about 30 minutes for the discussion that will include Public Works and their Counsel,
and Casey Jarman, County Clerk, representing the Legislation Research Branch. Please
agendize this discussion for the Public Works and Intergovernmental Relations Committee on
August ] 4, 2007.
Comm. No._ 7__ (_i
Ref. To: WIli;Ci
Ref. Date JUL 31
Serving the /nterests of the People of Our /slnnd
E/awai`i County Is An Equa[ Opportunity Provider And Employer
Division 6.
Variances.
Section 3-22. Variances.
(a) In unique cases where strict enforcement of this chapter would result in unnecessary
hardship or practical difficulty, and where desirable relief may be granted without
detriment to the public interest, convenience or welfare, the Hawaii County council may
grant, by resolution, a request for a variance from any provision of this chapter.
(b) Variance applications shall be submitted upon a form designated by the director and shall
include at a minimum, the following information and attachments:
(1) The sign owner's and the property owner's name, phone number, and mailing
address;
(2) The location, tax map key number, and zoning of the property upon which the sign
is located;
(3) A map showing:
(A) The location of the sign; and
(B) All streets adjacent to the lot or building where the sign is located;
(4) A photo or drawing of the relevant sign(s);
(5) A citation of the code section from which a variance is requested;
(6) A complete copy of any sign permit application or rejection of the sign permit, if
any;
(7) An explanation of any unique circumstances, in particular, those arising from
peculiar physical conditions not ordinarily found in most districts, peculiarity of the
business, or other special event or circumstance;
(8) An explanation of why granting the variance will not adversely affect the rights of
adjacent property owners or tenants, including an explanation of alternative
measures, if any, that the applicant is proposing to take in lieu of compliance with
the applicable code section;
(9) If applicable, notice of the variance application shall be mailed by the applicant to
all property owners and tenants within three hundred feet of the affected property
not less than twenty days prior to the initial hearing by the Hawaii County council,
and prior to the date of the hearing, the applicant shall file with the council proof of
service or of good faith efforts to serve notice of the hearing on the designated
property owners. Such proof may consist of certified mail receipts, affidavits, or the
like;
(]0) An explanation of why the variance will not unreasonably violate the interest,
safety, convenience, or general welfare of the public;
(11) An explanation of why a strict application of the terms of this chapter would work
an unnecessary hardship and practical difficulty upon the applicant or the
community; and
(12) Any fee(s), prescribed by this chapter.
(c) Upon review of a complete application, and, if applicable, the director shall forward the
application through the planning director to the Kailua Village design commission for its
review and recommendation, then to the council for its consideration and decision.
(2004, Ord. No. 04-142, sec. 2.)
Section 3-23. Variances; criteria for granting.
(a) Only in situations where the following conditions exist may a variance be granted:
(1) Granting the 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;
(2) Granting the variance will not adversely affect the rights of adjacent property
owners or tenants;
(3) Granting the variance will not unreasonably violate the interest, safety,
convenience, or general welfare of the public;
(4) A strict application of the terms of this chapter would work unnecessary hardship
and practical difficulty upon the applicant or the community;
(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; and
(6) The application is complete.
(b) In and of itself, prior construction of a sign without a permit, regardless of the cost or value
of the sign, shall not be deemed to constitute sufficient reason to grant a variance.
(c) Council resolutions granting variance requests shall state the underlying factual basis for
the council's findings that each of the requisite conditions to grant a variance has been
satisfied.
(2004, Ord. No. 04-] 42, sec. 2.)