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(7) An explanation of any unique circumstances, in particulaz, those arising from peculiar <br /> physical conditions not ordinazily found in most districts, peculiarity of the business, or <br /> other special event or circumstance; <br /> (8) An explanation of why granting the variance will not adversely affect the rights of <br /> adjacent property owners or tenants, including an explanation of alternative measures, <br /> if any, that the applicant is proposing to take in lieu of compliance with the applicable <br /> code section; <br /> (9) If applicable, notice of the variance application shall be mailed by the applicant to all <br /> property owners and tenants within three hundred feet of the affected property not less <br /> than twenty days prior to the initial hearing by the Hawaii County Council, and prior to <br /> the date of the hearing, the applicant shall file with the Council proof of service or of <br /> good faith efforts to serve notice of the hearing on the designated property owners. <br /> Such proof may consist of certified mail receipts, affidavits, or the like. <br /> (10) An explanation of why the variance will not unreasonably violate the interest, safety, <br /> convenience, or general welfare of the public; and <br /> (1 I) An explanation of why a strict application of the terms of this chapter would work an <br /> unnecessary hardship and practical difficulty upon the applicant or the community; and <br /> (12) Any fee(s), prescribed by this chapter. <br /> <br /> (c) Upon review of a complete application, and, if applicable, the director shall forward the <br /> application through the planning director to the Kailua Village Design Commission for its <br /> review and recommendation, then to the Council for its consideration and decision. <br /> Section 3-23. Variances; criteria for granting. <br /> <br /> (a) Only in situations where the following conditions exist may a variance be granted: <br /> (l) Granting the variance is necessitated by peculiar physical conditions not ordinarily <br /> found in most districts, because of the peculiarity of a business, or as a result of a <br /> special event or circumstance; <br /> (2) Granting the variance will not adversely affect the rights of adjacent property owners or <br /> tenants; <br /> (3) Granting the variance will not unreasonably violate the interest, safety, convenience, or <br /> general welfare of the public; <br /> (4) A strict application of the terms of this chapter would work unnecessary hardship and <br /> practical difficulty upon the applicant or the community; <br /> ]8 <br /> <br />