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Home My WebLink AboutRES 467 Draft 01 2012-2014 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 Scanlan Management LLC the Applicant. Dated at Kona , Hawai`i, this 20th day of August , 2014. INTRODUCED BY: r Vire., COUNCIL MEMBER, 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 X KANUHA County of I Iawai`i on August 20, 2014 KERN X ONISIIi X ATTEST: POINDEXTER X 64 4-- _ WILLS X YOSHIMOTO X '�' 9 0 0 0 Reference: COUNTY CLERK CHAIRPERSON & PRESIDING OFFICER RESOLUTION NO. 467 14 3 ......... COUNTY OF HAWAII " % •- STATE OF HAWAII .+•8.,_�_ �_off:.`` OF M�'i,' • RESOLUTION NO. 467 14 RESOLUTION GRANTING A VARIANCE FROM CHAPTER 3, SECTION 3-58 (c), AND 3-59 (a)(4), HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED), TO ALLOW THREE WALL SIGNS ON 75-934 HENRY STREET, TMK NUMBER (3) 7-5-004:031 (ZONED "U" CG-20, KAILUA VILLAGE SPECIAL DESIGN DISTRICT). WHEREAS, Scanlan Management LLC, 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 March 5, 2014 (hereinafter "Application"); from (1) the nine inch height limitation of Section 3-58(c), and (2) 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 75-934 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, & Alahou Street; and WHEREAS, the proposed signs will be placed on the building's wall at approximately nine (9) feet along the Henry Street & Kuakini Highway frontage and twenty (20) feet above ground level along Alahou Street 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 already exists for a STARBUCKS COFFEE COMPANY sign that has a symbol approximately 8 inches larger than Applicant's proposed sign, (4) 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, (5) 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 (6) 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 all three sign with the `box' symbol no more than 19 inches taller, and a height increase for one sign along Alahou Street no more than 11 feet higher 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), 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 HAWAI`I, in accordance with Hawaii County Code Section 3-22(a), that the Application of Scanlan Management LLC for a variance from Hawaii County Code Sections 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. 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. 2 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 Scanlan Management LLC the Applicant. Dated at Kona , Hawai`i, this 20th day of August , 2014. INTRODUCED BY: r Vire., COUNCIL MEMBER, 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 X KANUHA County of I Iawai`i on August 20, 2014 KERN X ONISIIi X ATTEST: POINDEXTER X 64 4-- _ WILLS X YOSHIMOTO X '�' 9 0 0 0 Reference: COUNTY CLERK CHAIRPERSON & PRESIDING OFFICER RESOLUTION NO. 467 14 3