PD Background and Recommendation Amendments to Planning Commission Rule 8 and 9

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alternative which best conforms to the purpose of this rule, and upon a finding that, based upon the record, the proposed structure or activi , is necessary for or ancilla! (1) Private facilities or improvements that will not adversely affect beach processes, result in flanking shoreline erosion, or artificially fix the shoreline,provided that the Commission may consider any hardship that will result to the applicant if the facilities or improvements are not allowed within the shoreline area, (2) Private facilities or improvements that may artificially fix the shoreline, provided that the Commission may consider hardship to the applicant if the facilities or improvements are not allowed within the shoreline area, provided further that a variance to artificially fix the shoreline shall not be granted in areas with sand beaches or where artificially fixing the shoreline may interfere with existing recreational and waterline activities unless the granting of the variance is clearly demonstrated to be in the interest of the _general public. Reasons for the amendments: HRS 205A-46 allows for a variance to be granted for structures or activities to be located within the shoreline setback given that the proposed structure or activity is necessary for or ancillary to items listed in HRS 205A-46. The Planning Director recommends bulleting these uses for easier formatting into the following three specific standards: Shoreline-dependent Facility Standard, Public Interest Standard and a Hardship Standard. Act 16 ensures that Counties shall not grant variances for shoreline hardening structures in areas with sand beaches, unless the granting of such variance is clearly demonstrated to be in the interest of the general public. 14. Act 16 amended HRS 205A-44(b)(6) as shown which affects Department Rule 11-7(b): "(b) Work being done consists of maintenance, repair, [,.,,eefi.,..de fi ] and minor additions or alterations of legal boating, maritime, or watersports recreational facilities, which are publicly owned, and which result in little or no interference -11-