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HomeMy WebLinkAboutRES 680 Draft 01 2016-2018 .`O;�tY Oc M,,�'' \�''ii COUNTY OF HAWAII ' � % •' •' _ • • STATE OF HAWAII , RESOLUTION NO. 6 O 18 RESOLUTION GRANTING A VARIANCE FROM CHAPTER 3, SECTION 3-12(a) HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), TO ALLOW ONE GROUND SIGN AT THE NEW ENTRANCE TO THE HAWAII OCEAN SCIENCE AND TECHNOLOGY PARK, AT THE INTERSECTION OF KAIMINANI DRIVE AND QUEEN KA'AHUMANU HIGHWAY, TMK NUMBER (3) 7-3-043:113 (ZONED "0" OPEN DISTRICT). , WHEREAS, Natural Energy Laboratory of Hawai'i Authority, (hereinafter "Applicant"), an Authority of the State of Hawai'i, located at 73-4460 Queen Ka'ahumanu Hwy, suite 101, Kailua-Kona, HI, 96740, lessee of the property identified as TMK No. (3) 7-3-043:073 (Lot 1), located at the intersection of Kaiminani Drive and Queen Ka'ahumanu Highway, Kailua-Kona, Hawai'i, 96740, (hereinafter the "Subject Property"), submitted to the Director of the County Department of Public Works, an application for a sign variance, from the eight square feet area limitation set forth in Section 3-12(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 the new street entrance to the Hawai'i Ocean Science and Technology Park, at the intersection of Kaiminani Drive and Queen Ka'ahumanu Highway, Kailua-Kona, Hawai'i, 96740, and has in excess of one hundred twenty (120) linear feet of frontage along Queen Ka'ahumanu Highway; 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; and WHEREAS, Applicant seeks a variance from Section 3-12(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 consistent with the design standards and character for ground signs on neighboring and nearby properties, (4) the sign will be in character with the surrounding natural landscape, (5) the sign will be large enough to be visible to drivers on Queen Ka'ahumanu Highway, (6) the sign will be reasonably set back from the intersection in order to avoid a traffic distraction, (5) granting the variance will not adversely affect the rights of the adjacent property owners; and WHEREAS, the proposed seventy-nine (79) square foot ground sign will be placed on an existing decorative rock wall at the new street entrance to the Hawai`i Ocean Science and Technology Park, at the intersection of Kaiminani Drive and Queen Ka'ahumanu Highway, Kailua-Kona, Hawai'i, 96740, approximately 12 feet from the property line along the Kaiminani Drive frontage and approximately 22 feet from the property line along the Queen Ka'ahumanu Highway frontage; 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 Natural Energy Laboratory of Hawai`i Authority, for a variance from Hawai`i 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 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 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. 2 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 the Natural Energy Laboratory Hawai`i Authority, Applicant. Dated at Hilo , Hawai`i, this 3rd day of October , 2018 . INTRODUCED BY: - 4941111 101,1:11MAPPoa'ti& COUNCIL MEMBER, OUNTY OF HA AI`I 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 Hawai'i on October 3, 2018 LEE LOY X O'HARA X ATTEST: POINDEXTER X RICHARDS X 0 1 RUGGLES X �. 8 0 1 0 Reference: C-1058/PWPRC-50 COUNTY CLERK CHAIRPERSON & PRESIDING OFFICER RESOLUTION NO. 680 1.8 3