HomeMy WebLinkAboutRES 292 Draft 01 2008-2010OFFICE INFORMATION ONLY
Meeting: Council — November 17, 2010
Action: Withdrawn by introducer (Enriques)
zoos -2040
Re: Res. 292-10; Comm. 670 (z$rv=co^r2 term); Waived PWIRC
COUNTY OF FIAWAPI
STATE OF FIAWAI`I
RESOLUTION NO. 292 1'0
A RESOLUTION GRANTING PETER J. PIPER APPLICATION FOR A VARIANCE
FROM CHAPTER 3, SECTION 3-58(c) and 3-59(x)(4) OF HAWAII COUNTY CODE
1983 (2005 EDITION, AS AMENDED), RELATING TO THE SIGN CODE.
WHEREAS, Peter J. Piper, of Piper Designs, has been contracted to create signage on
behalf of Htmlpy's Big Island Ale House; and
WHEREAS, Peter J. Piper, (hereafter, "Applicant") seeks a variance from chapter 3,
Hawaii County Code 1983, 2005 Edition, as amended, (hereafter "HCC"), relating to signs, that
would permit erecting one marquee sign and one wall sign of same size and characteristics as
existed for the previous tenant Hard Rock Cafe; and
WHEREAS, this building is located in the Coconut Grove Marketplace, owned by LRG
Real Estate LP, PO Box 306 Kamuela, HI 96743, occupies property located at TMK: (3)7-5-
009:025, and is zoned V-.75; and
WHEREAS, section 3-58(c), HCC, provides that any lettering or symbol shall not
exceed nine inches in height; and
WHEREAS, Applicant consequently seeks a variance from section 3-58(c), HCC, to
permit erection of its 15.5 square foot marquee sign although the 18" logo exceeds 9" limitation
set by this code; and
WHEREAS, section 3-59(a)(4), HCC, provides that maximum sign elevation for a wall
sign as measured from the finished ground elevation to the top of the sign, shall not exceed nine
feet above the grade or finished floor level or one-half the height of the wall on which it is
located, whichever is less; and
WIIEREAS, Applicant consequently seeks a variance from section 3-59(a)(4), HCC, to
permit erection of its 15.5 square foot marquee sign and wall signs although the elevation
restriction would dictate a substantial difference from the historical positioning of the signs on
the exterior of the existing structure; and
WHEREAS, the Applicant has submitted Sign Permit Application S2009 -3204K,
approved by public works on 12/4/2009 with the stipulations of non-compliance with sections
3-58(c) and 3-59(a)(4), HCC, and direction to apply for variance, and likewise approved by the
Kailua Village Design Commission on 1 1/24/2009; and
WHEREAS, the Applicant has submitted Sign Code Variance Application, dated
December 16, 2009, (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 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 hardship or practical difficulty, and where desirable relief
may be granted without detriment to the public interest, convenience or welfare 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)(2), HCC, this variance will not affect the rights
of adjacent property owners or tenants because it is in similar scale and proportion to existing
tenants signs throughout the Coconut Grove Marketplace; and
WHEREAS, pursuant to section 3-23(a)(4), HCC, the strict application of the terms of
sections 3-58 and 3-59 would work unnecessary hardship because Applicant states the symbol
and sign is an integral part of the branding such that further compliance to the code would render
the image to such a small scale, and place it at such a low elevation that it would be difficult to
see or recognize; and
WHEREAS, pursuant to section 3-23(a)(3), HCC, granting the variance will not
unreasonably violate the interest, safety, convenience, or general welfare of the public because in
addition to the factors stated in the previous paragraphs, the reasonably scaled and positioned
sign will allow quick and easy identification to drivers and pedestrians 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)(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 variance
allowing only the two identical signs of 15.5 square foot, solid wood non -illuminated sign, one
facing makai towards Alii Drive, the other mauka towards Kuakini Highway, 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 unnecessary hardship or practical difficulty, and where desirable relief play
be granted without detriment to the public interest, convenience or welfare; now, therefore,
2
BE IT RESOLVED BY TIIE COUNCIL OF THE COUNTY OF HAWAII, in
accordance with section 3-22(a), HCC, that the Application for a variance from the sign code,
sections 3-58 (e) and 3- 59 (a)(4), HCC, be, and hereby is GRANTED, subject to the following
conditions:
The variance shall allow for one wall sign of 15.5 square feet that is otherwise
substantially as represented in the sign permit application t/S2009-3204K, and
the sign variance application of December 16, 2009, and supporting materials,
as to size, design, location, construction and other material characteristics.
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.
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.
BE IT FURTHER RESOLVED that the county clerk shall transmit copies of this
resolution to the applicant, Peter J. Piper, of Piper Designs, and the Department of Public Works.
Dated at
Hawaii, this day of
COUNTY COUNCIL
County of Hawaii
Hilo, Hawal`1
2010.
INTRODUCED BY:
C NC MEMBEI LINTY OF HAWAII
I 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 CLERIC CHAIRMAN & PRESIDING OFFICER
ROLL CALL VOTE
Reference: C-670/Waived PWIRC
RESOLUTION NO. 292 10
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LNRIQUES
FORD
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GREEN WELL
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YOSHIMOTO
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Reference: C-670/Waived PWIRC
RESOLUTION NO. 292 10