Planning Commission Rules, Rule 8

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is at risk of immediate damage from shoreline erosion as determined by the Department, in consultation with appropriate agencies (i.e. U.S. Army Corps of Engineers, Department of Public Works); or (3) Maintenance, repair, reconstruction, and minor additions or alterations of legal boating, maritime, or water sports recreational facilities, which result in little or no interference with natural shoreline processes. (b) An applicant who seeks processing under Section 8-10 shall make the request in writing upon submittal of the variance application. (c) The Department may deny the public hearing waiver and the application shall be heard and noticed by the Commission in accordance with Section 8- 8. (d) The Department shall promulgate rules to administer Section 8-10. 8-11 Criteria for Approval of a Variance (a) A variance may be granted for a structure or activity otherwise prohibited by Planning Department Rule 11 (Shoreline Setback) and Chapter 205A, HRS if the Commission finds in writing, based on the record, that the proposed structure or activity is necessary for or ancillary to: (1) Cultivation of crops; (2) Aquaculture; (3) Landscaping,provided that the Commission finds that the proposed structure or activity will not adversely affect beach processes, will not impede public access, and will not artificially fix the shoreline. (b) Shoreline-dependent Facility Standard. A variance may also be granted,provided that the proposal is the practicable alternative which best conforms to the purpose of this rule, and upon a finding that, based upon the record, the proposed structure or activity is necessary for or ancillary to: (1) Drainage; (2) Boating,maritime, or watersports recreational facilities; (3) Moving of sand from one location seaward of the shoreline to another location seaward of the shoreline; provided that the 8-7