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HomeMy WebLinkAboutREP PWPC 070 09/02/1997 1996-1998 ~ J l ~ REPORT OF THE COMMITTEE ON PUBLIC WORKS AND PARKS DATE: September 2, 1997 RE: COMM. NO. 456 PLACE: Councilroom TIME: 9:07 a.m. Chairperson and Members Hawaii County Council Hilo, Hawaii 96720 Your Committee on Public Works and Parks, to which was referred Communication No. 456, reports as follows: Communication No. 456 is a letter dated August 21, 1997 from Walter Moe, Chairman of the Paradise Hui Hanalike Board of Directors' Community Action Committee, which transmits a sign variance request on behalf of the Paradise Hui Hanalike (PHH). The request is for the purpose of allowing a bulletin board sign which is approximately 42 inches high and 54 inches long, or 15.75 square feet, in a district zoned "open." Although the site where the sign is located is zoned "open," because Hawaiian Paradise Park Subdivision is for the most part zoned agricultural, the sign falls under the requirements for signs located with agricultural districts. Consequently, the maximum size of sign allowed pursuant to section 3-27, Hawaii County Code, which regulates signs in agricultural districts, is 8 square feet. (See Communication No. 456.01.) Because the PHH's bulletin board sign is 15.75 square feet or nearly twice the permitted size, granting their request will require a variance from the provisions of section 3-27. The subject sign is a free standing bulletin board upon which community notices are posted. It is located on 17th Street at Makuu, near the driveway entrance of the Community Activity Building. The tax map key number for this site is, TMK: 1-5-23:40, lot 229. When the sign was first erected, the Building Department believed that the PHH qualified as a charitable organization and thus that the sign was exempt pursuant to section 3-32(a)(3) of the Hawaii County Code. However, later research of PHH's IRS status revealed that the group is classified as a social organization and thus that the sign was not exempt. Unfortunately, the sign had already been erected and to now modify the sign will be difficult due to its steel frame and bullet resistant glass covering. In addition to Communication No. 456 from the PHH, Your Committee also considered the following: Communication No. 456.01, a written statement from Mr. Wayne Onomura of the County of Hawaii's Department of Public Works' Building Division; Communication No. 424, a request for comments sent by Chair Yagong to the Chief Engineer; and Communication No. 424.01, a request that this matter be referred to Committee from Council Member Al Smith to Chair James Arakaki. ' Public Works and Park mmittee Report Communication No. 45c Page Two In his statement, Communication No. 456.01, Mr. Onomura informed the Council that although the PHH does not fall under the codes' definition of a public, charitable, or religious institution, that it is somewhat similar to such institutions in that it provides a service or benefit to the Paradise Park Community. In light of this fact and the fact that the sign is less than 24 square feet, the Building Division indicated that it had no objection to the Council's granting this variance request. No testimony in opposition to the application was offered. Several members of Your Committee who possessed personal knowledge of the location and nature of this bulletin board spoke of the need for the sign and the purpose that it fulfills. They noted that perhaps the sign code should be clarified to include community organizations such as PHH within the exempt category or if not, that this is an example of a situation where a variance from the code is clearly warranted. Members of Your Committee asked the Legislative Auditor's Office to consider and address this situation in their efforts to improve the sign code. Under the circumstances, Your Committee found that enforcement of the 8 square foot sign requirement would work a hardship upon the applicant. Your Committee further found, that the granting of the variance would not be contrary to the spirit and purpose of Chapter 3, Article 1 of the Hawaii County Code and the public interest. Your Committee recommends approval of the Paradise Hui Hanalike's request for a variance from Section 3-27, Hawaii County Code, to allow one ground sign not to exceed 15.75 square feet, at TMK 1-5-23:40, lot 229. lc AYES NOES A&E EX Respectfully submitted YAGONG X C MMQ ITTEE ON PUBLIC WORKS ~ PARKS REYNOLDS X CIIUNG X LEITHEAD-TODD X RAY X DOMINIC YAG AIRMAN SANTANGELO X PW&PC P NO. ~ ~ SMITH X ARAKAKI EO.M ADOPTED: ~ ~ 7 ~ -