HomeMy WebLinkAboutCOM 0448.002 2010-2012 DOMINIC YAGONG `V us h''•�, • d a on co.hawaii.hi.us
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�' Phone: (808) 961-8264
Council Chairperson •i �'
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Council District 1
Hawaii County Council
County of Hawai`i
25 Aupuni Street
Hilo, Hawaii 96720
December 21, 2011 c ar
To: Members of the Hawai`i County Council -0
From: Dominic Yagong, Chairperson Q =
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Subject: Proposed Amendments to Resolution No. 186-11
Please find attached proposed amendments to Resolution No. 186-11. The proposed
amendments to Resolution No. 186-11 are illustrated below by Ramseyer format(material to be
deleted is bracketed and stricken through, material to be added is underscored).
1. The title is amended to read:
"A RESOLUTION GRANTING A VARIANCE FROM CHAPTER 3, SECTIONS 3-
58(a)(5)(B),3-58(c),AND [3--59(a-)(-5)31 3-59(a)(4)1 HAWAI'I COUNTY CODE (1983)2005
EDITION, TO ALLOW TWO WALL SIGNS ON 1015 HENRY STREET BUILDING
ONE FRONTING THE QUEEN KAAHUMANU HIGHWAY AND THE OTHER HENRY
STREET TMK NUMBER(3) 7-5-004:043 (KAILUA VILLAGE SPECIAL DESIGN
DISTRICT)"
2. The first WHEREAS clause is amended to read:
"WHEREAS, Walmart Real Estate Business Trust, the owner (hereinafter"Applicant")
of a retail store in property identified as TMK No. (3) 7-5-004:043 located at street address 75-
1015 Henry Street, Kailua-Kona, Hawai'i, 96740 (hereinafter the "Subject Property"), has
submitted to the Director of the County Department of Public Works, an Application for a
variance dated September 6, 2011 (hereinafter"Application") from (1) the twenty-two square
foot limitation of Section 3-58(a)(5)(B), (2)the nine inch height limitation of Section 3-58(c),
and (3)the nine feet in elevation limitation of[Section 3 59(a)(5)] Section 3-59(a)(4) Hawai'i
County Code (1983), 2005 Edition, for the Subject Property; and"
Comm. Ng. 41 q 8.2
Ref. To:_be-CctM'tct.
Ref. Dote 1W C 2 1 g0i
3. The Enacting clause is amended to read:
"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 Walmart Real
Estate Business Trust, for a variance from Hawaii County Code Sections 3-58(a)(B)(5),. [and] 3-
58(c), and 3-59(a)(4) be, and hereby is, GRANTED, subject to the following conditions:
1. The variance shall allow for two wall signs 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 Hawai'i
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."
In an effort to conserve resources, no draft copy of Resolution No. 186-11, Draft 2, is attached.
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