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HomeMy WebLinkAboutRES 264 Draft 01 1972-1976County of Hawaii—State of Hawaii Resolution No. 26)4 RELATING TO A GRANT OF VARIANCE FROM THE APPLICATION OF SECTION 11.04A OF ARTICLE 21 CHAPTER 3, HAWAII COUNTY CODE, AS AMENDED, FOR PROPERTY DESCRIBED AS TMK 7-5-04, PARCEL 10 AT L+ANIHAU 1ST, NORTH KONA, HAWAII, WHEREAS, Section 11.04A of Article 2, Chapter 3, Hawaii County Code, as amended, prohibits the construction of driveway widths wider than thirty- six feet; and WHEREAS, Section 11.08 of said Article and Chapter provides that the County Council may, by resolution, grant variances from the strict applica- tion of the provisions of said Section 11.04A after consultation with the County Planning Commission that certain conditions are met, to wit: "A. The exception or variance desired arises from the developer's need to provide wider ingress and egress driveways for smoother traffic flow within the parking area together with the full utilization of the limited area including landscaping. "B. That the exception or variance desired is not against the public's interest, particularly its safety, convenience, and general welfare. "C. That the granting of the permit for the exception or variance will not adversely affect the rights of adjacent property owners or tenants. I'D. That the strict application of the terms of said Section 11.04A will work unnecessary hardship and practical difficulty on the property owner or tenant." WHEREAS, the County Council having consulted with the Planning Director and the Chief Engineer and having found that the above-mentioned conditions have been met; now, therefore, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that a variance from the application of Section 11.04A of Article 2, Chapter 3, Hawaii Co ty Code, be granted for the proposed driveways to Tax Map Key 7405-.04 Parce 10, located along Palani Road; and i BE IT FURTHER RESOLVED that by this grant of variance it is understood that for the purpose of ingress and egress to the Lanihau Commercial Park, the proposed driveway may be constructed greater than thirty-six feet but not more than ninety-five feet; and BE IT FURTHER RESOLVED that a copy of this Resolution be transmitted to Lanihau Corporation, and the Chief Engineer and the Planning Director of the County of Hawaii. 1974. Dated at Hilo, Hawaii, this 21st day of August 0 COUNTY COUNCIL County of Hawaii Hilo, Hawaii INTRODUCED BY: Councilman, County of H aii 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. August 21, 1974 ----------- ------ ATTEST: M'DTadashi Suzuki Robert M. Yamada COUNTY CLERK CHAIRMAN & PRESIDINOFFICER ROLL CALL VOTE AYES NOES A/E Carpenter X De Luz X Farias X Fujii X Hisaoka X Kawahara X NubvwxXXXXXy XXX XXX XX Yadao Chr. Yamada X 7 1 Reference: ..C.-.9.3.8./PWC .-... M.B. No- ............................................................... RESOLUTION NO. ............ .64 ------------ HPL