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HomeMy WebLinkAboutCOM 1081.002 2012-2014DRU MAMO KANUHA Council Member District7,Central Kona PHONE: (808) 323 -4267 FAX: (808) 323 -4786 EMAI L:dkanuha @co. hawaii. hi. us HAWAII COUNTY COUNCIL West Hawaii Civic Center 74 -5044 Ane Keohokalole Highway, Kailua -Kona, Hawaii 96740 N TO: J. Yoshimoto' Council Chair And Members of the Hawaii County Council' FROM: � p--- Dru Mamo Kanuha, Council Member DATE: November 18, 2014 %.n SUBJECT: Proposed Amendments to Resolution No. 552 -14; Granting a Variance from Chapter 3, Section 3 -12(a) of the Hawaii County Code 1983 (2005 Edition, as amended), to Allow One Ground Sign on 48 -5370 Honoka`a /Waipi`o Road, TMK Number 4 -8- 006:043 (Zoned "A" Agricultural District) Please find attached proposed amendments to Resolution No. 552 -14. The proposed amendments are illustrated below by Ramseyer format; material to be deleted is bracketed and stricken, material to be added is underscored, both bolded for emphasis. A draft copy of Resolution No. 552 -14, Draft 2, is attached with these amendments incorporated therein. A new WHEREAS clause is inserted as the third WHEREAS clause, to read as follows: "_WHEREAS, the Applicant has submitted revisions to the Applicant's application dated July 19 20141 which in part reduce the size of the proposed sign from no greater than 32 square feet to no greater than 18 square feet; and" 2. The fifth WHEREAS clause is amended to read as follows: "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 Gomm.OU 0 110wai `i C011171y is an Equal Opportunity Provider and Employer. Ref. TO. ki ER 1.1 e. — Rd. fiats 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, and (6) the limited variance allowing an increase in the area of the sign to no greater than 32 .squa, + + ��) 18 square feet will comply with all other requirements of the County Code; and" 3. The Enacting clause is amended to read as follows: "BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAI`l, in accordance with Hawaii County Code Section 3- 22(a), that the Application of Colleen Gold/ Waipi'o Cookhouse, for a variance from Hawaii County Code Section 3 -12(a) be and hereby is, GRANTED, subject to the following conditions: I. The variance shall allow for a ground sign substantially as represented in the revised 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." DK/jc att. RESOLUTION GRANTING A VARIANCE FROM CHAPTER 3, SECTION, 3 -12 (a) HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED), TO ALLOW ONE GROUND SIGN ON 48 -5370 HONOKA'A /WAIPI'O ROAD, TMK NUMBER (3) 4 -8- 006:43 (ZONED "A" AGRICULTURAL DISTRICT). WHEREAS, Colleen Gold/ Waipi'o Cookhouse, the owner (hereinafter "Applicant ") of a business on the property identified as TMK No. (3) 4 -8- 006:43, located at street address 48 -5370 Honokaa/Waipi'o Road, Honokaa, Hawaii, 96727 (hereinafter the "Subject Property "), has submitted to the Director of the County Department of Public Works, an Application for a variance dated July 21, 2014 (hereinafter "Application "); from (1) the eight square feet area limitation of Section 3- 12(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 Applicant has submitted revisions to the Applicant's application dated July 1, 2014, which in part reduce the size of the proposed sign from no greater than 32 square feet to no greater than 18 square feet; and WHEREAS, the Subject Property is a restaurant building located at 48 -5370 Honoka'a / Waipi'o Road, Honokaa, Hawaii, 96727 which has in excess of one hundred twenty (120) linear feet of frontage along Honokaa/Waipio Road; and WHEREAS, the proposed sign will be placed on the ground approximately five feet from the property line along the Honokaa/Waipio 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, and (6) the limited variance allowin g an increase in the area of the sign to no greater than 18 square feet 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 Colleen Gold/ Waipi'o Cookhouse, for a variance from Hawaii County Code Section 3 -12(a) be and hereby GRANTED, subject to the following conditions: is, 1 • The variance shall allow for a ground sign substantially as represented in the revised 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 Hawai `i 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 Colleen Gold/ Waipi'o Roadhouse, Applicant.