HomeMy WebLinkAboutRES 089 Draft 01 2012-2014 COUNTY OF HAWAII '"'' % •': STATE OF HAWAII
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RESOLUTION NO. 89 13
RESOLUTION GRANTING A VARIANCE FROM CHAPTER 3, SECTION 3-58(c)
HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED), TO ALLOW ONE
WALL SIGN ON 75-934 HENRY STREET, TMK NUMBER (3) 7-5-004:031 (ZONED CG-20,
KAILUA VILLAGE SPECIAL DESIGN DISTRICT).
WHEREAS, Starbucks Coffee Company, the lessee (hereinafter"Applicant") of a retail
store in the property identified as TMK No. (3) 7-5-004:031, located at street address 75-934
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 17, 2012 (hereinafter"Application"); 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, as
Amended); and
WHEREAS, the Subject Property is a retail commercial/office building located at 75-934
Henry Street, Kailua-Kona, Hawai`i, 96740 which has in excess of one hundred twenty(120)
linear feet of frontage along Henry Street &Kuakini Highway; and
WHEREAS, the proposed sign will be placed on the building's wall at approximately ten
(10) feet above ground level along the Henry Street& Kuakini Highway frontage; and
WHEREAS,under Section 3-23(a), Hawai`i 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 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 these proposed signs with letters 9 inches taller and symbols 24 inches
taller 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, as
Amended), 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 Starbucks Coffee
Company, for a variance from Hawai`i County Code Sections 3-58(c)be, and hereby is,
GRANTED, subject to the following conditions:
1. The variance shall allow for a 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 Hawai`i 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 Starbucks Coffee Company,
Applicant.
Dated at Hilo , Hawai`i, this 9th day of April , 2013.
INTRODUCED BY:
C CIL M ER, COUNTY OF HAWAII
COUNTY COUNCIL ROLL CALL VOTE
County of Hawai`i AYES NOES ABS EX
Hilo, Hawai`i EOFF X
FORD X
I hereby certify that the foregoing RESOLUTION was by ILAGAN X
the vote indicated to the right hereof adopted by the COUNCIL of the KANUHA
County of Hawaii on April 9, 2013 X
KERN X
ONISHI X
ATTEST: POINDEXTER X
WILLE X
i'.—a YOSHIMOTO X
9 0 0 0
Reference: C-205/PWPRC-15
COUNTY CLERK CHAIRPERSON&PRESIDING OFFICER RESOLUTION NO. 89 1.3
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