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HomeMy WebLinkAboutRES 466 Draft 01 2012-2014OFFICE INFORMATION ONLY Meeting: Public Works and Parks and Recreation Committee—October 14, 2014 Action: Withdrawn by introducer (Kanuha) Re: Res 466-14; Comm. 942 (2012-2014 term) COUNTY OF HAWAII RESOLUTION NO. STATE OF HAWAII 466 14 RESOLUTION GRANTING A VARIANCE FROM CHAPTER 3, SECTION 3-58 (b), 3-58 (c), AND 3-60 (a), HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED), TO ALLOW THREE WALL SIGNS ON 75-146 SARONA ROAD, TMK NUMBER (3) 7-5- 007:009 (ZONED "U" CG -20, KAILUA VILLAGE SPECIAL DESIGN DISTRICT). WHEREAS, Kona Hospitality LLC, the owner (hereinafter "Applicant") of a business on the property identified as TMK No. (3) 7-5-007:009, located at street address 75-146 Sarona Road, Kailua-Kona, Hawaii, 96740 (hereinafter the "Subject Property"), has submitted to the Director of the County Department of Public Works, an Application for a variance dated April 9, 2014 (hereinafter "Application"); from (1) the twelve square feet limitation within the Kailua Village Core of Section 3-58(b), (2) the nine inch height limitation of Section 3-58(c), and (3) the one sign limitation for any business, street, or vehicular access of Section 3-60(a), Hawaii 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, Hawaii County Code 1983 (2005 Edition, as Amended); and WHEREAS, the Subject Property is a retail commercial/office building located at 75-146 Sarona Road, Kailua-Kona, Hawaii, 96740 which has in excess of one hundred twenty (120) linear feet of frontage along Sarona Road; and WHEREAS, the proposed wall signs will be placed on the building at approximately nine (9) feet above the second floor finish level along the Sarona Road frontage and approximately nine (9) feet above third floor finish level along east property frontage; and WHEREAS, the proposed ground sign will be placed at six (6) feet above ground level along the Sarona Road; and WHEREAS, under Section 3-23(a), Hawaii 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, (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 applicant the same general privileges enjoyed by other businesses 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 (6) the limited variance allowing an increase from one to three signs for this business, letters no more than 8 inches taller, the `H monogram' symbol no more than 40 inches taller, and an area no more than 31 square feet larger than the Code limitation will comply with all other requirements of the County Code; and WHEREAS, under Section 3-22(a), Hawaii County Code 1983 (2005 Edition, as Amended), the Hawaii 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 Kona Hospitality LLC, for a variance from Hawaii County Code Sections 3-58(b), 3-58(c), & 3-60 (a) 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 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 Hawaii 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 Kona Hospitality LLC., Applicant. Dated at COUNTY COUNCIL County of Hawaii Hilo, Hawaii Hawaii, this day of 2014. INTRODUCED BY: -YF— COUNCIL F— COUNCIL ME BER, OUNTY OF HAWAII 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 ATTEST: COUNTY CLERK CHAIRPERSON & PRESIDING OFFICER 3 ROI.I, CALL VOTE, AYES NOES ABS EX EOFF FORD ILAGAN KANUFIA KERN ONISHI POINDEXTER WILLS YOSHIMOTO Reference: C-942/PWPRC RESOLUTION NO. 466 14