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BIL 118 Draft 02 2010-2012
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BIL 118 Draft 02 2010-2012
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Entry Properties
Last modified
3/5/2013 4:10:18 PM
Creation date
10/21/2011 9:06:53 AM
Metadata
Fields
Template:
Bill/Resolution
Bill/Resolution - Type
BIL
Bill/Resolution - Council Term
2010-2012
Bill/Resolution
118
Draft
02
Introducer
Pete Hoffmann, Council Member
Referred To
COUNCIL
Action 1
Council: Bill 118, Draft 2 passes first reading - 10/19/11
Action 2
Council: Bill 118, Draft 2 passes second & final reading - 11/02/11
Status
Adopted
Date To Mayor or Adoption Date
11/14/2011
Reading Number
1
Reading Date
10/19/2011
Ayes
8-Blas;Ford;Hoffmann;Onishi;Pilago;Smart;Yagong;Yoshimoto
Noes
0
Absent
1-Ikeda
Excused
0
Reading Number .
2
Reading Date .
11/2/2011
Ayes .
7-Blas;Ford;Hoffmann;Pilago;Smart;Yagong;Yoshimoto
Noes .
0
Absent .
2-Ikeda;Onishi
Excused .
0
Document Relationships
AGE COUNCIL 11/02/2011 2010-2012
(Related To)
Path:
\Council Records\Agendas\2010-2012\Council
COM 0404.002 2010-2012
(Related To)
Path:
\Council Records\Communications\2010-2012
COM 0404.002 2010-2012
(Related)
Path:
\Council Records\Communications\2010-2012
ORD 2011-114 2010-2012
(Related)
Path:
\Council Records\Ordinances\2011
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are such that the strict application of the provisions of this code would deprive the <br />applicant of the reasonable use of the land or building; <br />(2) That the granting of the variance is necessary for the reasonable use of the land or <br />building and that the variance granted is the minimum variance that will <br />accomplish this purpose; and <br />(3) That the granting of the variance will be consistent with the intent and purpose of <br />this code, and will not be injurious to persons or property or create additional fire <br />hazards, and will not otherwise be detrimental to the public welfare. In making its <br />determination, the board of appeals shall take into account the character, use and <br />type of occupancy and construction of adjoining buildings, buildings on adjoining <br />lots, and the building or land involved. <br />Section 9 -18. Appeals regarding alternative materials and methods of construction. <br />Any person denied the use of new or alternate materials, methods of construction, <br />equipment, fixtures, devices, or appliances by the authority having jurisdiction, may, within <br />thirty days after the authority having jurisdiction's decision, appeal the decision to the board of <br />appeals. In considering an appeal, the board may require any reasonable test of the proposed <br />material, method of construction, equipment, fixture, device, or appliance, and the appellant shall <br />pay all expenses necessary for the test. The board of appeals may affirm the decision of the <br />authority having jurisdiction, or it may reverse the decision if it finds: <br />(1) That the new or alternate materials, methods of construction, equipment, fixtures, <br />devices, or appliances meet standards established by this code; <br />(2) That permitting the requested use will not jeopardize the safety of persons or property; <br />and <br />(3) That the requested use will not be contrary to the intent and purpose of this code. <br />Section 9 -19. Other appeals. <br />Any person aggrieved by the decision of the [AI4-J] authority having jurisdiction in the <br />administration or application of this code, other than that prescribed in sections 9 -17 and 9 -18, <br />may, within thirty days after the date of the administrative authority's decision, appeal the <br />decision to the board of appeals. The board of appeals may affirm the decision of the [] <br />authority having jurisdiction, or it may reverse or modify the decision if the decision is: <br />(1) In violation of this code or other applicable law; <br />(2) Clearly erroneous in view of the reliable, probative, and substantial evidence on <br />the whole record; or <br />(3) Arbitrary, or capricious, or characterized by an abuse of discretion or clearly <br />unwarranted exercise of discretion. <br />Section 9 -20. Rules; Adoption of rules by the board of appeals. <br />The board of appeals shall adopt rules pursuant to chapter 91, [Hawaii] Hawaii Revised <br />Statues, necessary for the purposes of the [section.] article. <br />Section 9 -21. Reserved. <br />5 <br />
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