HomeMy WebLinkAboutRES 552 Draft 02 2012-2014COUNTY OF HAWAII
STATE OF HAWAII
RESOLUTION NO. 552 14
(DRAFT 2)
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/Waipi`o Road; and
WHEREAS, the proposed sign will be placed on the ground approximately five feet from
the property line along the Honokaa/Waipi`o 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 allowing
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 is,
GRANTED, subject to the following conditions:
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 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.
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.
Dated at Kona , Hawai`i, this 17th day of December , 2014.
INTRODUCED BY: /
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COUNCIL MEMBER, COUNTY OF HAWAII
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 December 17, 2014
ATTEST
COUNTY CLERK CHAIRPERSON & PRESIDING OFFICER
3
ROLL CALL VOTF
Reference:
RESOLUTION NO.
C-1081.3/PWPRC -92
552 14
DRAFT 2
AYES NOES
ABS EX
CHUNG
X
DAVID
X
EOFF
X
I LAGAN
X
KANUHA
X
ONISHI
X
PALEKA
X
POINDEXTER
X
WILLE
X
8 0
1 0
Reference:
RESOLUTION NO.
C-1081.3/PWPRC -92
552 14
DRAFT 2