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HomeMy WebLinkAboutRES 730 Draft 01 2016-2018COUNTY OF HAWAII STATE OF HAWAII RESOLUTION NO. 730 1$ RESOLUTION GRANTING A VARIANCE FROM CHAPTER 3, SECTION 3-11(a)(1)(B) HAWAI'I COUNTY CODE 1983 (2016 EDITION AS AMENDED), TO ALLOW A SIGN WITH AN AREA OF 32 SQUARE FEET AT 76-274 LAKO STREET FRONTING KUAKINI HIGHWAY, TMK NUMBER (3) 7-6-013:041 (ZONED "CV -10" DIRECTORY SIGN IN COMMERCIAL/INDUSTRIAL DISTRICT). WHEREAS, Easley Corporation, the owner/applicant, (hereinafter "Applicant") of a retail service station/mini-market on the property identified as TMK No. (3) 7-6-013:041, located at street address 76-274 Lako Street, Kailua-Kona, Hawai'i, 96740 (hereinafter the "Subject Property"), has submitted to the Director of the County Department of Public Works, an Application for a variance dated September 10, 2018 (hereinafter "Application") from the twenty-four square foot limitation of Section 3-11(a)(1)(B), Hawai' i County Code 1983 (2016 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, Hawai'i County Code 1983 (2016 Edition as Amended); and WHEREAS, the Subject Property is a retail service station/mini-market located at the corner of f.ako Street and Kuakini Highway which has more than one hundred thirty (130) linear feet of frontage along Kuakini Highway; and WHEREAS, the existing sign is placed on the ground fifteen (15) feet from the property line along the Kuakini Highway frontage; and WHEREAS, under Section 3-23(a), Hawai'i County Code 1983 (2016 Edition as Amended), the variance may be granted where (1) granting of the variance is necessitated by peculiar physical conditions not ordinarily found in most districts, because of the peculiarity of a business, or as a result of a special event or circumstance; in as much as the applicant has owned and operated the service station/mini-market in this location continuously since 1990 when the operation was originally branded as a Chevron service station, and when in 2016 Chevron closed its Hawaii operations this station was re -branded as a Shell station. During this re -branding process the owners were advised that as the signs were changing lettering/logos a new sign permit was required. In the sign permit review process, it was determined that the price sign along Kuakini Highway was located within the setback area. This sign was relocated from eight (8) feet away from the highway right-of-way to fifteen (15) feet away from the highway right-of-way. The price sign fronting Lako Street, which is identical to the price sign on Kuakini Highway, was allowed to remain in its original location. Both signs are 32 square feet. Since the price sign along Kuakini Highway was relocated, the size of the sign was determined to be more than the allowed 24 square feet per, Section 3-11 (a) (1) (B) of the Sign Code. The 32 square foot price sign fronting Lako Street was grand fathered in and allowed to remain as is. On September 8, 2017, a sign permit was issued for the Kuakini Highway price sign, Permit No. SK2917-00023. Because of the size restriction the owners have had to place translucent vinyl on an eight (8) square feet portion of the sign. This request for a variance is a result of a special event or circumstance. (2) granting of the variance will not adversely affect the rights of adjacent property owners or tenants; in as much as the price sign in question has been located along Kuakini Highway since 1990, by relocating this sign away from the highway it is less visible from the highway than previously and its size is unchanged. Currently the sign has eight (8) square feet covered by translucent plastic. The owner/applicant is not aware of any complaints in the last 28 -years by neighboring property owners or tenants that the price sign has adversely affected their rights. The price sign has always been 32 square feet; (3) the granting of the variance will not unreasonably violate the interest, safety, convenience, or general welfare of the public; in as much as the price sign in question has been located along Kuakini Highway since 1990, the owner/applicant is not aware of any concerns about safety, convenience or general welfare of the public during the last 28 -years. The price sign has always been 32 square feet and it is now located further from the highway right-of-way; (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 in as much as a strict application of the term of Chapter has required the applicant to cover portions (8 square feet) of the sign to meet the limitations on size that were different 28 -years ago when the price signs were installed, this creates 0 an unnecessary hardship for the owner/applicant by requiring them to cover a portion of the advertisement that is visible along Lako Street but not Kuakini Highway, which has considerably more traffic. The other alternative would be to replace the sign which is an economic hardship and it would not match the other price sign on the property, and (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; in as much as the granting of this variance will not grant a personal or special privilege inconsistent with the limitations upon other properties under identical ordinances, statutes or rules, granting the variance will simply restore the rights and privileges this owner/applicant has enjoyed for the past 28 -years at this location; the existing sign complies with all other requirements of the County Code; (6) the application is complete; and WHEREAS, under Section 3-22(a), Hawai'i County Code 1983 (2016 Edition as Amended), the Hawai'i 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; BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAI' I, in accordance with Hawaii County Code Section 3-22(a), that the Application of Easley Corporation, for a variance from Hawaii County Code Sections 3-11(a)(1)(B) hereby is GRANTED, subject to the following conditions: 1. The variance shall allow for the existing 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. 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. 3 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 Easley Corporation, Applicant. Dated at Kona , Hawai`i, this 20th _ day of November , 2018. INTRODUCED BY: COUNTY COUNCIL County of Hawaii Hilo, Hawaii 1 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 Nnve- 20, 2018 ATTEST: COUNTY CLERK CHAIRPERSON & PRESIDING OFFICER 11 ROLL CALL VOTE Reference: C-1133/PWPRC-52 _ RESOLUTION NO. 730 .8 AYES NOES ABS EX CHUNG X DAVID X EOFF X KANUHA LEE LOY X O'HARA X POINDEXTER X RICHARDS X RUGGLES X 7 0 1 0 Reference: C-1133/PWPRC-52 _ RESOLUTION NO. 730 .8 DEPARTMENT OF PUBLIC WORKS BUILDING DIVISION SIGN CODE VARIANCE APPLICATION (1) Sign Owner/Applicant: Applicant's Agent: (2) Property Owner: (3) Location of Sign: Tax Map Key: (4) Zoning. - Easlev Corporation 74-5606 Pawai Place Kailua-Kona, HI 96740 Work Phone: 329-0761 Cell: 620-3274 Gregory R. Mooers P.O. Box 1101 Kamuelal,, Hawaii 96743 Work Phone- 880-1455 Cell 937-2801 Same as Owner Above 760274 Lako Street, Kailua-Kona (3) 7-6-013:041 Village Commercial I 0,000sf (CV- 10) (5) Hawaii County Code Section (s) From Which A Variance is Being Requested: Chapter 3 Signs, Section 3-11 (a) (I) (B) % Allow a 32 sf sign as opposed to the code permitted 24 sf sign (6) Attachments required to be riled with this application: a. A complete copy of any sign permit application or rejection of the sign permit, if any; b. A photo or drawing of the relevant sign(s); c. A map showing the location of the sign(s) and showing all streets adjacent to the building or lot where the sign is located; d. A list of the names, addresses, and tax map keys of all property owners located within 300 feet of the perimeter boundary of the affected property. (7) Filling Fees: This application must be accompanied by a fee of $100 for each sign or an amount equal to 10% of the total value of the sign(s), excluding installation costs, whichever is greater,, payable to the County Director of Finance. (8) Applicant must provide written explanations for the following (please attach sheets): a. Granting the variance is necessitated by the peculiar physical conditions not ordinarily found in most districts, because of the peculiarity of a business, or as a result of a special event or circumstance; b. Granting the variance will not adversely affect the rights of adjacent property owners or tenants; c. Granting the variance will not unreasonably violate the interest, safety, convenience, or general welfare of the public; d. A strict application of the terms of this chapter would work unnecessary hardship and practical difficulty upon the applicant or community; e. 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. I hereby certify that all work requested will conform to appropriate sections of the Hawaii County Code Applicant's Signature Owner's Signature Department of Public Works, Building Division M Date _71MI117 Review by Kailua Village Design Commission required? Yes No If yes, date application sent to Planning Director. Date Application returned from Kailua Village Design Commission is Application Sent with Resolution to Council: Date Resolution Approved: Date Resolution Disapproved: a. Granting the variance is necessitated by the peculiar physical conditions not ordinarily found in most districts, because of the peculiarity of a business, or as a result of a special event or circumstance; The variance request is as a result of a special event or circumstance. The applicant has owned and operated the service station/min i- market in this location continuously since 1990. The operation was originally branded as a Chevron service station. In 2016 Chevron closed its Hawaii operations and this station was re -branded as a Shell station. During this re -branding process the owners were advised that since the signs were changing lettering/logos a new sign permit was required. In the sign permit review process, it was determined that the price sign along Kuakini Highway was located within the setback area. This sign was relocated eight (8) feet away from the highway to the current location shown on the site pan. The price sign fronting Lako Street, which is identical to the price sign on Kuakini Highway was allowed to remain in its original location. Both of these signs are 32 square feet. Since the price sign along Kuakini Highway was relocated the size of the sign was determined to be in excess of the allowed 24 square feet per, Section 3-11 (a) (1) (B) of the Sign Code. The 32 square foot price sign fronting Lako Street was grandfathered in and allowed to remain as is. On September 8, 2017, a sign permit was issued for the Kuakini Highway price sign, Permit No. SK2917-00023. Because of the size restriction the owners have had to place translucent vinyl to obscure eight (8) square feet of the sign. This portion of the sign advertises V -Power and Diesel. The owner/applicant believes that a new sign permit should not have been required and that the original price sign along Kuakini Highway, which is identical to the price sign along Lako Street should have been grandfathered in as well as the price sign along Lako Street. This request for a variance is a result of a special event or circumstance. b. Granting the variance will not adversely affect the rights of adjacent property owners or tenants; The price sign in question has been located along Kuakini Highway since 1990. By relocating this sign eight (8) feet away from the highway it is less visible from the highway than previously and it is the same size as it always has been. Currently it has eight (8) square feet covered. The owner/applicant is not aware of any complaints in the last 28 -years by neighboring property owners or tenants that the price sign has adversely affected their rights. The price sign has always been 32 square feet. c. Granting the variance will not unreasonably violate the interest, safety, convenience, or general welfare of the public; The price sign in question has been located along Kuakini Highway since 1993. By relocating this sign eight (8) feet away from the highway it is less visible from the highway than previously and it is the same size as it always has been. Currently it has eight (8) square feet covered. The owner/applicant is not aware of any concerns about safety, convenience or general welfare of the public during the last 28 -years. The price sign has always been 32 square feet. d. A strict application of the terms of this chapter would work unnecessary hardship and practical difficulty upon the applicant or community; A strict application of the term of Chapter has required the applicant to cover portions (8 square feet) of the sign to meet the limitations on size that were different 28 -years ago when the price signs were installed. This creates an unnecessary hardship for the ownerlapplicant by requiring them to cover a portion of the advertisement that is visible along Lako Street but not Kuakini Highway, which has considerably more traffic. The other alternative would be to replace the sign which is an economic hardship and it would not match the other price sign on the property. e. 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. The granting of this variance will not grant a personal or special privilege inconsistent with the limitations upon other properties under identical ordinances, statutes or rules. Granting the variance will simply restore the rights and privileges this owneriapplicant has enjoyed for the past 28 -years at this location. PROPERTY OWNERS WITHIN O TMK 3-7-3-013-041 BP BISHOP ESTATE t KAMEHAMEHA SCHOOLS i BOX 3466 HONOLULU, HI 96801-3466 2) BILLY R & DENISE V DAVIS PO BOX 2821 KAILUA-KONA,96740-2822 JOYCEVINE MALOLO 76-6331 r • ST K.AlLUA-KONA,, 96740-2244 LAURIE 931 LAWELAWE ST HONOLULU, HI 96821-171 JULIA MARIO A DERON 76-6333 KUPUNA ST KAILUA x HI 96740-2244 i ABELLERA FAMILY TRST 76-6341 KUPUNA ST lA. ! i. 96740-2244 9996.! /*.4: 7) HIJLTT LLC PO BOX 1673 w. Y M 3-7-6-022-096- County of Hawaii Val uatio4i5 Department of Public Works Fee $ 2. BUILDING DIVISION SIGN PERMIT APPLICATION Legal Owner Easley Corporation Address 74-5606 Pawai Place T. 329-076'1 Same Kailua-Kona, HI 96740 Tel. Sign Owner Address No Designer Sign Installer Already Installed Tel Address No Tel Address No Corner of Lako Street and Kuakini Highway North Kona (3) 7-6-013:041 Sign Location Zone (Street) (District) TYPE OF SIGN MATERIAL AREA ILLUMINATED HT. CLEARANCE 1. Marquee _............. - . _ ST 1t 2. Projectin ze 3. Ground C - AM -4- Z ti L4 Kj 4. Walt 5. Roof 6. Window 7. Directory Remarks Sign Permit SK2017-00023 approved this previously as sign "C" as a 24 s.f. sign. The applicant is requesting approval to keep the sign in its current size and configuration which is 32 s.f. THE SIGN SHALL COMPLY WITH THE HAWAII COUNTY CODE AND STATE LAWS REGULATING SIGNS. SEPARATE £LEGTRIC%IPERRMITJREQUIRED FOR ELECTRICAL WORK RELATING TO THIS PERMIT. APPLICANT Date swy� I I 1A, 0104115 x ENGINE=ER DIVISION DATE FLOOD ZONE 4 O r 5� G�j - � 2Q� APPLICATION #: S PLAN WG DEPT SATE REVIEWED BY: ELECTRICAL DATE BUILDING DIVISION DATE PERMIT NO. 3` DIVISION Z ST PL I PAR LOT ze 1 © I3 1 a4I I 0wo W2 County of Hawaa i is an Equal Opportunity Provider and Employer Pian Review Comments Letter Date Generated: 09/10/2018 OWNER: EASLEY CORPORATION Permit # A2018-SK00041 Project Mame SHELL SIGN FRONTING KUAKINI HWY Project Address 760274 LAKQ ST HI ( 76013041 ) Plan review for cede compliance for the above referenced project has been completed. The following comments are standard items required by adopted codes by the jurisdiction and must be resolved before a building permit can be issued to commence construction. The items listed shall not be construed as being ail -inclusive. Please contact the plan reviewer if you have any questions regarding the following comments or need clarification on the plan submittal process. In order to continue to process your building permit in an expedient manner, please address the following issues. Designers are required to submit a detailed and Indexed written response to the review comments with the corrected plans. �Crilnments Legend " "elye"a a Existing issue r New Issue Reviewer: Bonnie Okamoto Planning Review Email: bokamoto0co.hawaiLhl.us Phone: 323-4785 # Document No Issues Re.orded Harry Klm x Allan G. Sir eon P.E. ; Mayor Reviewer: Lellanl Lewi Email: 4ew10co.hawai1.hi.u.4 Phone: C3t�eft�t CommentCodeBook &.Ref, No Issues Recorded Wil Oka be Merrick H. Nishimoto Manarying Director No issues Recorded Dtt�a�k f7irtrtar Ar CBurtty sof a ai`i DEPARTMENT OF PUBLIC WORKS Aupun# Center 101 Pauab$ Street, Suite 7 . Hilo, Hawaii 96720-4224 (808) 961-8321 + Fax (808) 961.6630 put ;r, wurkss�63� ;icountiy.�tsv Pian Review Comments Letter Date Generated: 09/10/2018 OWNER: EASLEY CORPORATION Permit # A2018-SK00041 Project Mame SHELL SIGN FRONTING KUAKINI HWY Project Address 760274 LAKQ ST HI ( 76013041 ) Plan review for cede compliance for the above referenced project has been completed. The following comments are standard items required by adopted codes by the jurisdiction and must be resolved before a building permit can be issued to commence construction. The items listed shall not be construed as being ail -inclusive. Please contact the plan reviewer if you have any questions regarding the following comments or need clarification on the plan submittal process. In order to continue to process your building permit in an expedient manner, please address the following issues. Designers are required to submit a detailed and Indexed written response to the review comments with the corrected plans. �Crilnments Legend " "elye"a a Existing issue r New Issue Reviewer: Bonnie Okamoto Planning Review Email: bokamoto0co.hawaiLhl.us Phone: 323-4785 # Document No Issues Re.orded Comment ______JCode Book & Ref. Engineering Review Reviewer: Lellanl Lewi Email: 4ew10co.hawai1.hi.u.4 Phone: Document CommentCodeBook &.Ref, No Issues Recorded Electrical Review Document Reviewer: Wayne Saikl Email wsalkioco.hawaff.hLus Phone: Comment Code Book & Ref. No issues Recorded 1 3' County of FavQi) is an Equal Ovoortun ty Prodder and Er:olover County of Ha ail is an Eaux! Ovoortunitv Prov -der and Er foyer SIGN A (MARQUEE)* 70 FT FROM BOUNDARIES Draw 'lev - , 5/23/17 SIGN B (MARQUEE): 65 FT FROM BOUNDARIES SIGN C (GROUND/PRICE SIGN): 15 FT FROM BOUNDARIES SIGN D (GROUND/PRICE SIGN): 20 FT FROM BOUNDARIES -,Wl ALLENSIGNco i,,,- � -.7, SITE MAP Z 0.080' Akurkwm sign cabewl pamled WwA 3, Retainers Wftd Mack A. 31116'WtAs Laxan low 5. Sign cabmi conism WWts fluoreamnit bubs 6. Disconnect g*"ch UL OuttlDw rated toggile " wt neoprene boat per NEC 600-8 7. p"furvalie, - lead Ths &w tt 0 be imMW in acmordems whN Um requverenft of Artk3a 600 of the Haw" T coft t) QrouncWd and bonded per NEC 600.7ft4EC ZW 21 ExiMV branch cruA In complance with NEC 660.5, not to exceed 20 arnat 31 Sign is to tm UL kited per NEC 5W-1 41 UL onconnect ***zh per NEC 666.6 reqwwW per a,gn contoaratri bet" feavingi ftwvtdaCurat- 'For ftuft" sWis, a deswnnod Is pannitted but nO reqL&W 11w each aecbon 0 0 ALL ELECTRICAL MATERIALS AND INSTALLAI IUN, SHALL COMPLY WITH THE LATEST AMENDED VERSION OF CHAPTER 9 ()F THE HAWAII COU"Ty ELECTRICAL CODE AND CHAPTER 14 OF THE HAWAII COUNTY OUTDOOR LIGHTING CODE. QUANTIV0,NZ (IN, MATERIAL ALUNM NUIA 1 ACRYUC �PACLS Dr ILLUIANATION' NUOUSCENT POST(S), SQ',)APE FOOTAGE; 24 SQUAW HEI RFVATION- 70 INCHES CROM GPADF TO BOTiOV, OF SIGN NOTES LOCAt EDON KIJAKINI HIGHWAY. RcEMOVING EXISTING CI IEVRO'N GROUND SIGN AND INSW LING NFW SHEL jGMUNID SGN TC? 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