HomeMy WebLinkAboutRES 489 Draft 01 2018-2020COUNTY OF HAWAII STATE OF HAWAII
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RESOLUTION NO. 489 20
RESOLUTION GRANTING A VARIANCE FROM CHAPTER 3, SECTION 3-6 (b) (3) &
3-11 (a) (2) (A) (ii) HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), TO
ALLOW AN ADDITIONAL GROUND SIGN, MOUNTED IN EXCESS OF MAXIMUM
ABOVE GROUND LIMITATIONS ON 74-5035 QUEEN KA`AHUMANU HIGHWAY,
TMK NUMBER (3) 7-4-008:055 (ZONED ML-3a).
WHEREAS, Mid Pacific Petroleum, the owner (hereinafter "Applicant") of a business
on the property identified as TMK No. (3) 7-4-008:055, located at street address 74-5035 Queen
Ka`ahumanu Highway, 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 May 9, 2019 (hereinafter "Application"); from the number of ground sign
limitation of Section 3-6 (b) (3), as well as height limitations of Section 3-11 (a) (2) (A) (ii) of
llawai`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 commercial/office building located at 74-
5035 Queen Ka`ahumanu Highway, Kailua-Kona, Hawai`i, 96740 which has in excess of four
hundred and fifteen (415) linear feet of frontage along Queen Ka`ahumanu Highway; and
WHEREAS, the proposed second ground sign will be placed at a maximum height of
17' above the ground at the northwest corner of the property along Queen Ka`ahumanu
Highway.
WHEREAS, under Section 3-23(a), Hawai`i_ County Code 1983 (2016 Edition, as
Amended), the variance may be granted where: (1) the variance is necessitated by the peculiarity
of the Applicant's outside sign requirements, (2) the adjacent tenants will not be adversely
affected inasmuch as they have approved the Applicant's request, (3) the granting of the variance
will not unreasonably violate the interest, safety, convenience, or general welfare of the public
inasmuch as the proposed sign will identify the location of the Applicant's business premises for
the public, (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 inasmuch as visibility to
building signage is severely limited and fuel prices need to he readily visible to passing
motorists,
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, inasmuch as the variance would allow the Applicant the same general privileges enjoyed
by other businesses and commercial/industrial uses in the County; other Kailua Village uses are
highly visible from the public rights-of-way and are of a scale and setback appropriate for
restricted signage and, (6) the Variance Application allowing an increase from one to two signs
for this business is complete. The proposal second sign letters shall be no more than 13" tall, and
the "76" monogram logo shall be no larger than 31" tall with a total area no greater than 24
square feet, and sited no higher than 17 feet from ground level, and will comply with all other
requirements of the County Code; and
WHEREAS, under Section 3-22(a), Hawaii. County Code 1983 (2016 Edition, as
Amended), the Hawaii 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; now, therefore,
BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII, in
accordance with Hawaii County Code Section 3-22(a), that the Application of Mid Pacific
Petroleum, for a variance from Hawaii County Code Section 3-6(b) (3) and Section 3-
11(a)(2)(A)(ii) be and hereby is, GRANTED, subject to the following conditions:
1. The variance shall allow for 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.
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 Mid Pacific Petroleum, Applicant.
Dated at Hilo Hawai`i, this 11th day of March 20 20
INTRODUCED BY:
4111." t 1ir-
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COU . MEMBER, C• ,Y 0 HAWAII
COUNTY COUNCIL, ROLL CALL VOTE
County of Hawai`i AYES NOES ABS EX
Hilo, Hawaii 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
County of Iiawai'i on March 1 2020 KANEAI-,I`I-1s.LEINFF,LDER X
KIERKIEWICZ X
LEE LOY X
ATTEST: POINDEXTER X
RICHARDS X
VILLEGAS X
9 0 0 0
Reference:
C-742/PWMTC-22
a CLERK CHAIRPERSON & PRESIDI G OFFICER RESOLUTION NO. 489 20
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