HomeMy WebLinkAboutRES 090 Draft 02 2012-2014 J1SVOsM ..
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COUNTY OF HAWAII STATE OF HAWAII
RESOLUTION NO. 90 13
(DRAFT 2)
RESOLUTION GRANTING A VARIANCE FROM CHAPTER 3, SECTIONS 3-58(c)(1), 3-
59(a)(4), AND 3-61(a)(2) HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED),
TO ALLOW FOUR WALL SIGNS ON 75-5570 KUAKINI HIGHWAY, TMK NUMBER (3)
7-5-005:085 (ZONED ML-20, KAILUA VILLAGE SPECIAL DESIGN DISTRICT).
WHEREAS, Hawai`i Tire Company, LLC, the lessee (hereinafter"Applicant") of an
industrial/retail store in the property identified as TMK No. (3) 7-5-005:085, located at street
address 75-5570 Kuakini Highway, 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 13, 2012 (hereinafter "Application") from (1) the
nine inch height limitation of Section 3-58(c), (2)the nine feet elevation limitation of Section 3-
59(a)(4), and (3) the prohibited sign limitation of Section 3-61(a)(2), Hawai`i 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, Hawai`i County Code 1983 (2005 Edition, as
Amended); and
WHEREAS, the Subject Property is a retail commercial/industrial building located at 75-
5570 Kuakini Highway, Kailua-Kona, Hawai`i, 96740 which has in excess of two hundred forty
(240) linear feet of frontage along Kuakini Highway; and
WHEREAS, the proposed signs will be placed on each building's wall at approximately
seventeen (17) feet above ground level along the Kaiwi Street and 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 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 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 Hawai`i County Code Section 3-22(a), that the Application of Hawai`i Tire
Company, LLC, for a variance from Hawai`i County Code Sections 3-58(c), 3-59(a)(4), and 3-
61(a)(2) be, and hereby is, GRANTED, subject to the following conditions:
1. The variance shall allow for four 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.
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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.
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 Hawai`i Tire Company, LLC,
Applicant.
Dated at Hilo , Hawai`i, this 9th day of April , 2013.
INTRODUCED BY:
COVeIL ME 't ER, OUNTY OF HAWAII
COUNTY COUNCIL ROLL CALL VOTE
County of Hawaii 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
0j46„0\
WILLS X
YOSHIMOTO X
,�-- 9 0 0 0
Reference: C-206.2/PWPIZC-16
COUNTY CLERK CHAIRPERSON & PRESIDING OFFICER RESOLUTION NO. 90 13
(DRAFT 2)
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