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Home My WebLink AboutRES 092 Draft 02 2018-2020Ei17 * Os..,w COUNTY OF HAWAII STATE OF HAWAII OF N+' RESOLUTION NO.92 19 DRAFT 2) A RESOLUTION GRANTING A VARIANCE FROM CHAPTER 3, ARTICLE 1, DIVISION 4, SECTION 3-6(b)(3), AND CHAPTER 3, ARTICLE 2, DIVISION 2, SECTIONS 3-58(b), 3-58(c), AND 3-60(a) OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), TO ALLOW TWO WALL SIGNS AND TWO DIRECTIONAL SIGNS ON 75-146 SARONA ROAD, TMK NUMBER (3) 7-5-007:009. WHEREAS, Kona Hospitality LLC, the owner (hereinafter"Applicant") of a business on the property identified as TMK No. (3) 7-5-007:009, located at street address 75-146 Sarona Road, Kailua-Kona, Hawaii, 96740 (hereinafter the "Subject Property"), has submitted to the Director ofthe County Department of Public Works, an Application for a variance dated April 9, 2014 (hereinafter"Application") from Section 3-58(b), "In any case, the total area allowed shall not exceed twelve square feet for any sign not fronting a public street or vehicular access or for any sign located within the Kailua Village Core"; Section 3-58(c), "Any lettering or symbol, including free-standing letters, shall not exceed nine inches in height"; Section 3-6(b)(3), "Only one ground sign shall be permitted per lot, even if the lot is occupied by multiple businesses"; and Section 3-60(a), "Only one sign for any business or one sign for any street or vehicular access on which a building has frontage shall be permitted" as provided in the Hawaii County Code 1983 (2016 Edition, as Amended), for the Subject Property; and WHEREAS, said Application is complete and current with all information and attachments and fees paid as required under Sections 3-22 and 3-24, Hawaii County Code 1983 (2016 Edition, as Amended); and WHEREAS, said complete and current Application has received an updated recommendation from the Kailua Village Design Commission; and WHEREAS, the Subject Property includes a hotel building located at 75-146 Sarona Road, Kailua-Kona, Hawai`i, 96740, and has in excess of one hundred twenty (120) linear feet of frontage along Sarona Road; and WHEREAS, the two (2) proposed wall signs will be placed on the building as follows: Sign 1 will be located above the main entrance at the second floor along the Sarona Road frontage; and Sign 2 will be located approximately three (3) feet above the third floor level along the east property frontage at the south end of the building; and WHEREAS, the two (2) proposed ground directional signs will be placed at a maximum height of forty-eight (48) inches above the ground at the two property access points along the Sarona Road; 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 Chapter 3 if the request meets the standards of Division 6 of Chapter 3 of the County Code; and WHEREAS, pursuant to Section 3-23 of the County Code, the Council finds that the six conditions that must be satisfied to grant each ofthe four variances are resolved as follows: 1. Granting 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: The international franchise brand being represented by the Applicant has established standards regarding the size and placement of signs; 2. Granting the variance will not adversely affect the rights of adjacent property owners or tenants: The adjacent tenants have approved the Applicant's request; 3. Granting the variance will not unreasonably violate the interest, safety, convenience, or general welfare of the public: The proposed sign will identify the location ofthe Applicant's business premises for the public and no other outside identification exists for the Applicant's business along any street frontage; 2 4. A strict application of the terms of this chapter would work unnecessary hardship and practical difficulty upon the applicant or the community: Another larger entity has obtained a variance for placement on the same wall along the same street frontage; 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: The variance would allow the Applicant the same general privileges enjoyed by other businesses and commercial/industrial uses in the County; 6. The application is complete: A complete and current application has been transmitted to the Council prior to consideration of this resolution; and WHEREAS, Sign 1 letters shall be no more than eight (8) inches tall, and the "H" monogram logo shall be no larger than sixteen (16) inches tall with a total area no greater than twenty (20) square feet. Sign 2 letters shall be no more than six (6) inches tall, and the "H" monogram logo shall be no larger than twenty-five (25) inches tall with a total area no greater than fourteen (14) square feet and will comply with all other requirements of the County Code; 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 Kona Hospitality LLC, for a variance from Hawai`i County Code Section 3-6(b)(3), Section 3-58(b), Section 3- 58(c), and 3-60(a) is hereby GRANTED, subject to the following conditions: 1. The variance shall allow for two wall signs and two ground/directional signs 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. 3 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. BE IT FINALLY RESOLVED that the County Clerk shall transmit a copy of this resolution to the Mayor, the Director of Public Works, the Corporation Counsel, and Kona Hospitality LLC. Dated at Kona Hawai`i, this 21st day of August 20 19 . INTRODUCED BY: iiiios 400, NIC*14,416,. COUN MEMBER, CO AI 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 ofthe County of Hawai`i on August 21, 2019 KANEALI`I-KLEINFELDER X KIERKIEWICZ X LEE LOY X ATTEST: POINDEXTER X RICHARDS X VILLEGAS X 7 0 2 0 Reference: C-155.2/PWMTC-16 UNTY CLERK AIRPERSON&PRE IDING OFFICER RESOLUTION NO. 92 19 DRAFT 2) 4