HomeMy WebLinkAboutRES 045 Draft 01 2010-2012COUNTY 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
public inasmuch as the proposed sign will identify the location of the Applicant's business
premises for the public and no other outside identification exists for the Applicant's business
along any street frontage, (4) a strict application of the terms of the County Code to the
Applicant would work an unnecessary hardship and practical difficulty on the Applicant
inasmuch as another larger sign has already obtained a variance for placement on the same wall
along the same street frontage, and (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, inasmuch as the proposed sign will comply with all other
requirements of the County Code and this is a limited variance allowing only one sign two inches
taller than the Code limitation and approximately 21 square feet larger than the Code limitation
adjacent to a much larger sign for an unrelated business that has previously been granted a
variance from the same Code limitations; and
WHEREAS, under Section 3- 22(a), Hawaii County Code 1983 (2005 Edition, as
amended), the Hawaii County Council is authorized to grant, by resolution, a request for a
variance from any provision of the Chapter 3 if the request meets the standards of Division 6 of
Chapter 3 of the County Code; now, therefore,
BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII, in
accordance with Hawaii County Code Section 3- 22(a), that the Application of Maryl Realty,
Inc., dba Coldwell Banker Maryl Realty, for a variance from Hawaii County Code Sections 3-
58(a)(5)(B) and 3 -58(c) be, and hereby is, GRANTED, subject to the following conditions:
1. The variance shall allow for one wall sign substantially as represented in the
Application as to size, design, location, construction and other material
characteristics.
2. The variance shall run with the land and remain in force for so long as the
Applicant or a successor shall continue its business at the Subject Property.
3. Should Applicant's business operations at the Subject Property cease, the variance
shall terminate.
4. For other good cause, the variance may be terminated by resolution of the Hawaii
County Council, upon notice to the Applicant and adjacent tenants and hearing as
would be required for an Application for a variance under the Hawaii County
Code.
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BE IT FINALLY RESOLVED that the Clerk of the County of Hawai`i is directed to
transmit copies of this resolution to the Mayor of the County of Hawai`i; the Department of
Public Works; the Office of the Corporation Counsel; and to Maryl Realty, Inc. dba Coldwell
Banker Maryl Realty, Applicant.
Dated at Hilo , Hawai`i, this 6th day of April , 2011.
INTRODUCED BY:
;lc
COUNCIL MEMBER, COUNTY OF HAWAII
COUNTY COUNCIL ROLL CALL VOTE
County of Hawai`i AYES NOES ABS EX
Hilo, Hawai`i BLAS X
FORD X
I hereby certify that the foregoing RESOLUTION was by HOFFMANN X
the vote indicated to the right hereof adopted by the COUNCIL of the IKEDA
County of Hawai`i on April 6, 2011 X
ONISHI X
PILAGO X
ATTEST: SMART X
YAGONG X
YOSHIMOTO X
8 0 1 0
Reference: C- 119 /PWPRC -15
r COUhTY CLERK CHAIRPERSON & PRESIDI FFICER RESOLUTION NO. 45 11.
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