Planning Commission Rules, Rule 8

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authority also finds that moving of sand will not adversely affect beach processes, will not diminish the size of a public beach, and will be necessary to stabilize an eroding shoreline. (c) Public Interest 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) Facilities or improvements by public agencies or public utilities regulated under Chapter 269, HRS; (2) Private facilities or improvements that are clearly in the public interest. (d) Hardship Standard. (A) 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) 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 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. (B) A structure or activity may be granted a variance upon grounds of hardship only if. (i) The applicant would be deprived of reasonable use 8-8