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HomeMy WebLinkAboutRES 108 Draft 01 2014-2016COUNTY OF HAWAII STATE OF HAWAII RESOLUTION NO. 1.08 15 RESOLUTION GRANTING A VARIANCE FROM CHAPTER 3, SECTION 3-12(a) HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED), TO ALLOW ONE DIRECTORY SIGN ON 45-547 PLUMERIA ST., HONOKA'A, HAWAII, 96727, TMK NUMBER (3) 4-5-010:091 (ZONED "A -la & A -40a" AGRICULTURAL DISTRICT). WHEREAS, UH -Hilo North Hawaii Education & Research Center, (hereinafter "Applicant"), a business located at the property identified as TMK No. (3) 4-5-010:091, located at street address 45-547 Plumeria St., Honoka'a, Hawaii, 96727 (hereinafter the "Subject Property"), submitted to the Director of the County Department of Public Works, an Application for a sign variance dated May 29, 2014 from the eight square feet area limitation set forth in Section 3-12(a), Hawaii County Code 1983 (2005 Edition, as Amended), for the Subject Property (hereinafter "Application"); and WHEREAS, said Application contains all information and attachments as required by Section 3-22(b), Hawai'i County Code and all fees have been paid as required by Section 3-24, Hawaii County Code 1983 (2005 Edition, as Amended); and WHEREAS, the Subject Property is a building located at 45-547 Plumeria St., Honoka'a, Hawaii, 96727 which has in excess of one hundred twenty (120) linear feet of frontage along Plumeria Street; and WHEREAS, Section 3-12 provides that the following signs are allowed, with a permit, in agricultural/open districts: (a) Ground sign. One ground sign not exceeding eight square feet in area, relating to a business conducted on the premises, provided that the building in front of which the sign is displayed is set back not less than thirty feet from the street. (b) Wall sign. One wall sign, not exceeding thirty-two square feet in area upon any wall of a structure on the premises related to the business conducted on the premises. WHEREAS, Applicant seeks a variance from Section 3-12(a) to permit the erection of a ground sign where (1) the sign is needed to showcase to the public the NHERC's upcoming events, classes, programs and activities, (2) the sign will notify the public of the NHERC's location since it is a large compound that can be difficult to recognize and find, (3) the signage that is currently in place is insufficient for its needs, (4) the new sign will blend with the surrounding area and will be visible at night; and WHEREAS, the proposed sign will be placed on the ground at the corner of Plumeria Street and Lehua Street, approximately 46 feet from the property line along the Lehua Street frontage and 30 feet from the property line along the Plumeria Street frontage; and WHEREAS, pursuant to Section 3-22(a), Hawai'i County Code 1983 (2005 Edition, as Amended), the Hawai'i County Council may grant, by resolution, a request for a variance from any provision of Chapter 3 where the conditions delineated in Section 3-23(a) exist; and WHEREAS, pursuant to Section 3-23(a), Hawai'i County Code 1983 (2005 Edition, as Amended), a variance may be granted where (1) the variance is necessitated by peculiar physical conditions not ordinarily found in most districts, because of the peculiarity of the business, or as a result of a special event or circumstance; (2) granting the variance will not adversely affect the rights of adjacent property owners or tenants; (3) granting the variance will not unreasonably violate the interest, safety, convenience, or general welfare of the public; (4) a strict application of the terms of this chapter would work unnecessary hardship and practical difficulty upon the applicant or the community; (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; and (6) the application is complete. 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 UH -Hilo North Hawai'i Education & Research Center, for a variance from Hawaii County Code Section 3-12(a) be and hereby is, GRANTED, subject to the following conditions: The variance shall allow for a ground 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; and 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 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 UH -Hilo North Hawai'i Education & Research Center, Applicant. Dated at Kona Hawaii, this 18th day of March , 2015. INTRODUCED BY: �D COUNCIL MEMBER, COUNTY OF HAWAII COUNTY COUNCIL County of Hawaii Hilo, Hawaii 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 March 18, 2015 ATTEST: &L, COUNTY CLERK OFFICER CHAIRPERSON & PRESIDING ROLL CALL VOTE Reference: C-174/Waived PWPRC RESOLUTION NO. 108 15 AYES NOES ABS EX CHUNG X DAVID X EOFF X (LAGAN KANUHA ONISHI PALLKA POINDEXTER X WILLE X 9 0 0 0 Reference: C-174/Waived PWPRC RESOLUTION NO. 108 15