HomeMy WebLinkAboutRES 249 Draft 01 2010-2012OFFICE INFORMATION ONLY
Meeting: Council — June 6,20t2
Action: Filed due to vote count of 6 noes, 3 absent (Ikeda, Onishi and Yoshimoto)
Re: Res. 249-12; Comm. 696; (2010-2012 term); PWPRC-106 was adopted although
not indicated on report.
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COUNTY OF HAWAII STATE OF HAWAII
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RESOLUTION NO. 249 12
RESOLUTION GRANTING A VARIANCE FROM CHAPTER 3, SECTIONS 3-58(a)(5)(C),
3-58(c)(1), AND 3-59(a)(4) HAWAII COUNTY CODE (1983) 2005 EDITION, TO ALLOW
ONE WALL SIGN ON 74-5488 KAIWI STREET, TMK NUMBER (3) 7-4-015:010 (ZONED
MG -la, KAILUA VILLAGE SPECIAL DESIGN DISTRICT)
WHEREAS, The Goodyear Tire & Rubber Company, the lessee (hereinafter "
Applicant") of an office/ retail store in the property identified as TMK No. (3) 7-4-015:010,
located at street address 74-5488 Kaiwi 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 February 29, 2012 (hereinafter "Application") from (1) the
seventy-five square foot limitation of Section 3-58(a)(5)(C), (2) the eighteen inch height
limitation of Section 3-58(c)(1), and (3) the nine feet 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/office building located at 74-
5488 Kaiwi Street, Kailua-Kona, Hawai'i, 96740 which has in excess of one hundred twenty
(120) linear feet of frontage along Kaiwi Street; and
WHEREAS, the proposed sign will be placed on the building wall approximately
fourteen (14) feet above ground level along the Kaiwi Street frontage; and
WHEREAS, under Section 3-23(a), Hawai'i County Code (1983), 2005 Edition, 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, (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 variance would allow the property owner the same general privileges
enjoyed by other retailers and commercial/ industrial 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, and this proposed sign with letters 4 inches taller, a symbol 18 inches
taller, and approximately 6 square feet larger than the Code limitation will comply with all other
requirements of the County Code; and
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;
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 The
Goodyear Tire & Rubber Company, for a variance from Hawaii County Code Sections 3-
58(a)(5)(B), 3-58(c)(1), and 3-59(a)(4) be, and hereby is, GRANTED, subject to the following
conditions:
1. The variance shall allow for a 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.
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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 llawai'i County
Code.
BE IT FINALLY RESOLVED that the Clerk of the County of I Iawai'i is directed to
transmit copies of this resolution to the Mayor of the County of Hawaii; the Department of
Public Works; the Office of the Corporation Counsel; and to The Goodyear Tire & Rubber
Company, Applicant.
Dated at , Hawai`i, this day of , 2011.
INTRODUCED 13Y:
COUNiff MEMBER, COUNTY OF HAWAI I
COUN1 Y COUNCIL ROLL CALL VOTE
County of Hawaii
nYVS SOES ABS li);
Hilo, Hawaii
I he eb ertiG that the foregoing RESOLUTION was by
th ote indicated to the right hereof adopted by the COUNCIL of the
r m of 11 on
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Reference: C-696/PWPRC
COUNTY CLERK CHAIRPERSON & PRESIDING OFFICER RFSOI.LITTON NO 249 12
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