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COUNTY OF HAWAII STATE OF HAWAII RESOLUTION NO. 4.5 11 RESOLUTION GRANTING A VARIANCE FROM CHAPTER 3, SECTIONS 3- 58(a)(5)(B) AND 3- 58(c), HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED), TO ALLOW ONE WALL SIGN ON 75 -1000 HENRY STREET BUILDING FRONTING THE QUEEN KA`AHUMANU HIGHWAY, TMK NUMBER (3) 7 -5- 004:058 (ZONED CG -20). WHEREAS, Maryl Realty, Inc., dba Coldwell Banker Maryl Realty, the lessee (hereinafter "Applicant ") of an office in the property identified as TMK No. (3) 7 -5- 004:058, located at street address 75 -1000 Henry Street, Kailua -Kona, Hawaii, 96740 (hereinafter the "Subject Property "), has submitted to the Director of the County Department of Public Works, an Application for a variance dated February 24, 2010 (hereinafter "Application ") from (1) the twenty -two square foot limitation of Section 3- 58(a)(5)(B) and (2) the nine inch height limitation of Section 3- 58(c), Hawaii County Code 1983 (2005 Edition, as amended), for the Subject Property; and WHEREAS, said Application is complete with all information and attachments and fees paid as required under Sections 3 -22 and 3 -24, Hawaii County Code 1983 (2005 Edition, as amended); and WHEREAS, the Subject Property is a retail commercial /office building located at the corner of Henry Street and the Queen Ka`ahumanu Highway, which has in excess of one hundred twenty (120) linear feet of frontage along the Queen Ka`ahumanu Highway; and WHEREAS, the proposed sign will be placed on the building wall twenty (20) feet above ground level along the Queen Ka`ahumanu Highway frontage; and WHEREAS, under Section 3- 23(a), Hawaii County Code 1983 (2005 Edition, as amended), the variance may be granted where (1) the variance is necessitated by the peculiarity of the Applicant's franchisor's outside sign requirements, (2) the adjacent tenants will not be adversely affected inasmuch as they have approved the Applicant's request and a variance already exists for a BORDER'S BOOKS AND MUSIC sign that is 31 inches taller and approximately 126 square feet larger than Applicant's proposed sign, (3) the granting of the variance will not unreasonably violate the interest, safety, convenience, or general welfare of the