HomeMy WebLinkAboutRES 199 Draft 01 2012-2014 COUNTY OF HAWAII - • ��.-t - 4/�• STATE OF HAWAII
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RESOLUTION NO. 199 13
RESOLUTION GRANTING A VARIANCE FROM CHAPTER 3, SECTION 3-58 (a)(5)(B), 3-
58 (c), AND 3-59 (a)(4), HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED),
TO ALLOW ONE WALL SIGN ON 75-1000 HENRY STREET, TMK NUMBER (3) 7-5-
004:058 (ZONED "U" CG-20, KAILUA VILLAGE SPECIAL DESIGN DISTRICT).
WHEREAS, Anderson Wealth Planning, Inc., the lessee (hereinafter "Applicant") of a
retail store in the property identified as TMK No. (3) 7-5-004:058, located at street address 75-
1000 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 July 31, 2013 (hereinafter "Application"); from (1) twenty-two square feet
limitation of Section 3-58 (a)(5)(B), (2) the nine inch height limitation of Section 3-58(c), and
(3) the nine feet elevation limitation of Section 3-59(a)(4), 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/office building located at 75-
1000 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
thirty (30) 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) a variance had existed for
the former BORDER'S BOOKS AND MUSIC sign that had lettering and symbols 12 inches
taller and approximately 130 square feet larger than Applicant's proposed sign, (4) a variance
already exists for a COLDWELL BANKER MARYL REALITY sign that is approximately 4
square feet larger than Applicant's proposed sign, (5) 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,
(6) 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 (7) 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 applicant the same general privileges enjoyed by
other businesses and commercial/ industrial uses in the County, this is a limited variance
allowing for only one sign with letters no more than 9 inches taller, a symbol no more than 21
inches taller, and area approximately 17 square feet larger than the Code limitation will comply
with all other requirements of the County Code which is adjacent to a larger sign for an unrelated
business that has previously been granted a variance from the same Code limitations; 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 Anderson Wealth
Planning, Inc., for a variance from Hawai`i County Code Sections 3-58 (a)(5)(B), 3-58(c), & 3-
59 (a)(4) 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.
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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 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 Hawaii 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 Hawaii; the Department of
Public Works; the Office of the Corporation Counsel; and to Anderson Wealth Planning, Inc.,
Applicant.
Dated at Kona , Hawai`i, this 20th day of November , 2013.
INTRODUCED BY:
ti
COUNCIL ME BER, OUNTY 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
County of Hawaii on NnvPmbPr 20, 2011 KANUHA X
KERN X
ONISHI X
ATTEST: POINDEXTER X
WILLE X
YOSHIMOTO X
411 Reference: C-479/PWPRC-30
COUNTY CLERK CHAIRPERSON&PRESIDING OFFICER RESOLUTION NO. 199 13
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