The URL can be used to link to this page

Home My WebLink AboutCOM 1082.001 2012-2014 DRU MAMO KANUHA ''' PHONE: (808)323-4267 FAX: (808)323-4786 Council Member ;�• •;I.A:Z; EMAIL:dkanuha @co.hawaii.hi.us District7,Central Kona HAWAII COUNTY COUNCIL West Hawai`i Civic Center 74-5044 Ane Keohokalole Highway, Kailua-Kona, Hawaii 96740 TO: J. Yoshimoto, Council Chair --n And Members of the Hawaii County Council `..4 FROM: ru Mamo Kanuha, Council Member - DATE: October 13, 2014 c? SUBJECT: Proposed Amendments to Resolution No. 553-14; RESOLUTION -c) GRANTING A VARIANCE FROM CHAPTER 3, SECTION, 3-58 (c) HAWAI`I 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) Please find attached proposed amendments to Resolution No. 553-14. The proposed amendments are illustrated below by Ramseyer format; material to be deleted is bracketed and stricken, material to be added is underscored. A draft copy of Resolution No. 553-14, Draft 2, is attached with these amendments incorporated. 1. The title of Resolution No. 553-14 is amended to read: "RESOLUTION GRANTING A VARIANCE FROM CHAPTER 3, SECTION, 3-58 (c) HAWAI`I COUNTY CODE 1983 (2005 EDITION, AS AMENDED), TO ALLOW [THREE WALL SIGN] ONE WALL SIGN ON 75-146 SARONA ROAD, TMK NUMBER(3) 7-5- 007:009 (ZONED "U" CG-20, KAILUA VILLAGE SPECIAL DESIGN DISTRICT). 2. The fourth WHEREAS clause is amended to read: "WHEREAS, the proposed wall [signs] sign will be placed on the building at approximately nine (9) feet above the second floor finish level along the Sarona Road frontage; and" Comm. No. / • r Ref. To: h7PCVYac Hawai`i County is an Equal Opportunity Provider and Employer. Ref. Date OCT 1 4 2014 3. The fifth WHEREAS clause is amended to read: "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, (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 of the [` '] `H' symbol shall be no more than 21 inches taller than the Code limitation and will comply with all other requirements of the County Code; and" 4. Item number 1 in the enacting clause is amended to read: "1. The variance shall allow for a wall [signs] sign substantially as represented in the Application as to size, design, location, construction and other material characteristics." DK/j c att. 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 75-146 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, 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 April 9, 2014 (hereinafter "Application"); from (1) the nine inch height limitation of Section 3-58(c), 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 75-146 Sarona Road, Kailua-Kona, Hawai`i, 96740 which has in excess of one hundred twenty (120) linear feet of frontage along Sarona Road; and WHEREAS, the proposed wall sign will be placed on the building at approximately nine (9) feet above the second floor finish level along the Sarona Road 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, (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 of the `H' symbol shall be no more than 21 inches taller than the Code limitation and 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 Kona Hospitality LLC, for a variance from Hawai`i County Code Section 3-58(c) be and hereby is, GRANTED, subject to the following conditions: 1. The variance shall allow for a wall sign 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. 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 Kona Hospitality LLC., Applicant.