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The Honolulu Advertiser
Posted on: Friday, October 10, 2003

Hawai'i Theatre wins fight over sign

By James Gonser
Advertiser Urban Honolulu Writer

The Hawai'i Theatre Center yesterday won its effort to install electronic signs with a changing message on the new marquee, as the city Zoning Board of Appeal overturned city planning director Eric Crispin's order limiting any message change to once every 24 hours.

Robert Midkiff, chairman of the theater's board of directors, told the zoning board the limitation would not adequately highlight upcoming shows at the historic theater, because acts can change daily.

He also pointed to the city's own electronic sign at the Blaisdell Center, which changes its message several times a minute to announce upcoming events to passing motorists.

The zoning board agreed, saying there was no rationale for the city to allow the sign and then limit the message change to once a day.

The city Department of Planning and Permitting can appeal the decision, or its director can meet with theater representatives to come up with an agreement on the sign's use.

The once-a-day restriction was part of the theater's overall zoning variance request for the new signs, which will replicate the marquee of 1936. The city previously approved the variance request for a total of five signs on the building rather than four, and extending the normal 300 square feet of sign area to 758 square feet. The nonprofit center also was allowed to encroach into the sidewalk and yard area.

David Tanoue, city deputy corporation counsel, argued that limiting the sign change was part of the overall picture Crispin considered when granting most of the variance requests, and that if the appeal were approved, the city might need to reconsider the entire variance.

Zoning board chairman R. Brian Tsujimura said the panel could vote only on the issue before it, and that denying parts of the variance request already approved would amount to double jeopardy.

Tanoue said the ruling might open the door to many more electronic signs in Honolulu, but Tsujimura said the city's sign at Blaisdell already sets a precedent.

Meanwhile, an appeal by Citizens Against Reckless Development, which opposes construction of the Wal-Mart and Sam's Club complex on Ke'eaumoku Street, was extended to Nov. 20.

The group is appealing Wal-Mart's conditional-use permit to begin foundation and ground work. It claims the permit was granted erroneously and is illegal. It wants construction stopped and an environmental assessment completed before work can resume.

The Zoning Board of Appeals hears appeals of decisions by the director of Planning and Permitting in the administration of zoning and subdivision ordinances. It also hears requests for variances from the Land Use Ordinance.

Reach James Gonser at jgonser@honoluluadvertiser.com or 535-2431.