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(9) If applicable, notice of the variance application shall be mailed by the <br /> applicant to all property owners and tenants within three hundred feet of <br /> the affected property not less than twenty days prior to the initial hearing <br /> by the Hawaii County council, and prior to the date of the hearing, the <br /> applicant shall file with the council proof of service or of good faith <br /> efforts to serve notice of the heazing 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 <br /> interest, safety, convenience, or general welfare of the public; <br /> (11) An explanation of why a strict application of the terms of this chapter <br /> would work an unnecessary hardship and practical difficulty upon the <br /> applicant or the community; [ancl] <br /> (12) A draft resolution, that satisfies the requirements of sections 3-22 and <br /> 3-23, in both gaper and electronic formats; <br /> (13) If applicable, the Kailua Village Design Commission's written <br /> recommendation; and <br /> [(-1-2)] ~ Any fee(s), prescribed by this chapter. <br /> (c) Upon review of a complete application, and, if applicable, the director shall <br /> forward the application through the planning director to the Kailua Village design <br /> commission for its review and recommendation, then to the aupropriate council <br /> committee for its consideration and decision." <br /> SECTION 2. Severability. If any provision of this ordinance, or the application thereof <br /> to any person or circumstance, is held invalid, such invalidity shall not affect other provisions or <br /> applications of the ordinance which can be given effect without the invalid provision or <br /> application, and to this end, the provisions of this ordinance are declared to be severable. <br /> SECTION 3. Material to be repealed is bracketed and stricken. New material is <br /> underscored. In printing this ordinance, the brackets, bracketed material, and <br /> <br /> underscoring need not be included <br /> SECTION 4. This ordinance shall take effect upon approval. <br /> INTRODU®®C~~ED BY: <br /> G~- <br /> COUNCIL M BER, COUNTY OF HAWAII <br /> Hawaii <br /> <br /> Date of Introduction: <br /> <br /> Date of 15` Reading: <br /> <br /> Date of 2nd Reading: <br /> <br /> Effective Date: <br /> REFERENCE: Com'~-. 767 <br /> 2 <br /> <br />