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Home My WebLink AboutRES 186 Draft 02 2010-2012COUNTY OF HAWAII STATE OF HAWAII RESOLUTION NO. 186 11 (DRAFT 2) A RESOLUTION GRANTING A VARIANCE FROM CHAPTER 3, SECTIONS 3- 58(a)(5)(B), 3- 58(c), AND 3- 59(a)(4), 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) 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)(4). Hawai'i County Code (1983), 2005 Edition, 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, Hawai'i County Code (1983), 2005 Edition; and WHEREAS, the Subject Property is a retail commercial building located at the corner of Henry Street and the Queen Kaahumanu Highway which has in excess of one hundred twenty (120) linear feet of frontage along the Queen Kaahumanu Highway; and WHEREAS, the proposed sign will be placed on the building wall twenty (20) feet above ground level along the Queen Kaahumanu Highway frontage; and WHEREAS, under Section 3- 23(a), Hawai'i County Code (1983), 2005 Edition, the variance may be granted where (1) granting of the variance is necessitated by peculiar physical conditions not ordinarily found in most districts, because of the peculiarity of a business, or as a result of a special event or circumstance inasmuch as the visibility of the retail store and thus signing area is greatly reduced due to the vertical relief from the adjacent roadways and the store's setback from such roadways, (2) granting of the variance will not adversely affect the rights of adjacent property owners or tenants inasmuch as the signs are only visible from certain limited vantage points, the intensity of lighting is being reduced from the current state, and as the proposed signs meet the general standards pertaining to signs in commercial districts in Article 1 of the sign code, the signs would not adversely affect the rights of adjacent property owners any more than other commercial signs throughout Kailua Kona; (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, and the public interest is served by adequately and efficiently directing shoppers to the retail store from surrounding properties and roadways reducing the need for turnarounds, additional traffic movements and potential conflicts; (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 the retailer's signage would be inadequate, not visible from the public right -of -way and unable to communicate goods and service offered on -site, the results of which would be potential traffic conflicts, inefficient traffic patterns and lost revenue, 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 variance would allow the property owner the same general privileges enjoyed by other retailers and commercial uses in the County, other Kailua Village uses are highly visible from the public rights -of -way and are of a scale and setback appropriate for restricted signage, various parties have indicated that the de facto village boundaries are considered to be non - inclusive of the subject property and the properties immediately adjacent, and the proposed sign will comply with all other requirements of the County Code; (6) the application is complete; and 2 WHEREAS, under Section 3- 22(a), Hawai'i County Code (1983), 2005 Edition, the Hawai'i 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; 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)(5)(B), 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 3 BE IT FINALLY RESOLVED that the Clerk of the County of Hawai'i is directed to transmit copies of the foregoing resolutions to the Mayor of the County of Hawai'i; the Department of Public Works; the Office of the Corporation Counsel; and to Walmart Real Estate Business Trust, Applicant. Dated at Hilo , Hawai`i, this 21st day of December INTRODUCED BY: , 2011. COUNCIL MEMB ' \ O Y OF HAWAII COUNTY COUNCIL County of Hawai`i Hilo, Hawai`i 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 _ December 21, 2011 ATTEST: COUNTY CLERK CHAIRPERSON & PRESIDIN 0 CER 4 ROLL CALL VOTE Reference: RESOLUTION NO. C-448 . 3/PWPRC- 62 186 11 (DRAFT 2) AYES NOES ABS EX BLAS X FORD X HOFFMANN X IKEDA X ONISHI X PILAGO X SMART X YAGONG X X YOSHIMOTO 5 1 3 1 0 Reference: RESOLUTION NO. C-448 . 3/PWPRC- 62 186 11 (DRAFT 2)