HomeMy WebLinkAboutRES 553 Draft 02 2012-2014OFFICE INFORMATION ONLY
Meeting: Council—November 7, 2014
Action: Postponed indefinitely
Re: Res 553-14 Draft 2; Comm. 1082 (2012-2014 term)
COUNTY OF HAWAII
STATE OF HAWAII
RESOLUTION NO. 553 14
DRAFT 2
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, 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 nine inch height limitation of Section 3-58(c),
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 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), 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 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), 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 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 Hawaii County
Code.
2
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 , Hawai`i, this day of 52014
COUNTY COUNCIL
County of Hawaii
Hilo, 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
INTRODUCED BY:
r
COUNCIL M MBER, COUNTY OF HAWAII
ROLL CALL VOTE
AYES NOES ABS EX
EOFF
FORD
ILAGAN
KANUHA
KERN
ONISHI
POINDEXTER
WILLE
YOSHIMOTO
Reference: C-1082.2/PWPRC
COUNTY CLERK CHAIRPERSON & PRESIDING OFFICER RESOLUTION NO. 553 14
1'�