HomeMy WebLinkAboutRES 235 Draft 01 2016-2018 oJNtY OF.....
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COUNTY OF HAWAII -•_ '%
. STATE OF HAWAII
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RESOLUTION NO. 235 i7
RESOLUTION GRANTING A VARIANCE FROM CHAPTER 3, SECTION 3-10(a)
HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), TO ALLOW ONE
GROUND SIGN AT 1285 WAIANUENUE AVENUE, HILO, HAWAI'I, TMK NUMBER
(3) 2-3-031:019 (ZONED "RS" RESIDENTIAL DISTRICT).
WHEREAS, Hawai'i Health Systems Corporation, (hereinafter "Applicant"), a business
located at 3675 Kilauea Avenue, Honolulu, HI, 96816-2333, owner of the property identified as
TMK No. (3) 2-3-031:019, located at 1285 Waianuenue Avenue, Hilo, Hawai'i, 96720,
(hereinafter the "Subject Property"), submitted to the Director of the County Department of
Public Works, an application for a sign variance, from the six square feet area limitation set forth
in Section 3-10(a), Hawai`i County Code 1983 (2016 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,
Hawai`i County Code 1983 (2016 Edition, as Amended); and
WHEREAS, the Subject Property is located at 1285 Waianuenue Avenue, Hilo, Hawai'i,
96720, and has in excess of one hundred twenty (120) linear feet of frontage along Waianuenue
Avenue; and
WHEREAS, Section 3-10 provides that the following signs are allowed, with a permit,
in residential districts: (a) One sign, either wall or ground (unlighted or indirectly lighted), not
exceeding six square feet in area. Commercial signs shall relate to a legally permitted activity
being conducted on the premises.
WHEREAS, Applicant seeks a variance from Section 3-10(a) to permit the erection of a
ground sign where (1) the sign will not visually impede the views of adjoining properties, (2) the
sign will not confer any special or added benefit to one establishment over another, (3) the sign
will be large enough to notify drivers of the location of Hawai'i Pacific Oncology Center, many
of whom are elderly patients, (4) the sign will coordinate in color and style with the existing
building, (5) granting the variance will not adversely affect the rights of the adjacent property
owners; and
WHEREAS, the proposed sign will be placed on the ground at 1285 Waianuenue
Avenue, Hilo, Hawai'i, 96720, approximately 80 inches from the left side property line and 48
inches from the property line along Waianuenue Avenue; and
WHEREAS, pursuant to Section 3-22(a), Hawai'i County Code 1983 (2016 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 (2016 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 Hawai`i County Code Section 3-22(a), that the Application of Hawai'i Health
Systems Corporation, for a variance from Hawai`i County Code Section 3-10(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
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 Property the variance
PP P SubjectP y cease
shall terminate; and
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.
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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 Hawai'i Health Systems
Corporation, Applicant.
Dated at Hilo , Hawai`i, this 2nd day of August , 2017.
INTRODUCED BY:
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CO IP CIL MEMBER, COUNTY OF HAWAII
COUNTY COUNCIL ROLL CALL VOTE
County of Hawai`i AYES NOES ABS EX
Hilo, Hawai`i CHUNG X
DAVID X
I hereby certify that the foregoing RESOLUTION was by EOFF X
the vote indicated to the right hereof adopted by the COUNCIL of the KANUHA X
County of Hawaii on August 2,2017
LEE LOY X
O'HARA X
ATTEST: POINDEXTER X
RICHARDS X
• RUGGLES X
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,�(� C-345/PWPRC-16
Reference:
COUNTY CLERK CHAIRPERSON&PRESIDING OFFICER RESOLUTION NO. 235 1
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