Planning Commission Rules, Rule 8

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of the land if required to comply fully with this rule; and (ii) The request is due to unique circumstances and does not draw into question the reasonableness of this rule; and (iii) The request is the practicable alternative which best conforms to the purpose of this rule. (C) Before granting a hardship variance, the Commission must determine that the request is a reasonable use of the land. The determination of the reasonableness of the use of land shall consider factors such as shoreline conditions, erosion, surf and flood condition, and the geography of the lot as it relates to health and safety. (D) If a structure is proposed to artificially fix the shoreline, the Commission must also determine that shoreline erosion is likely to cause hardship if the structure is not allowed within the shoreline setback area. (E) Hardship shall not be determined as a result of zoning amendments, planned unit development(PUD)permits, cluster plan development (CPD)permits, or subdivision approvals after June 16, 1989. (e) No variance shall be granted unless appropriate conditions are imposed as applicable: (1) To comply with Chapters 10 and 27 of the Hawaii County Code relating to Erosion and Sedimentation Control and Flood Control, respectively; (2) To maintain safe lateral access along the shoreline or adequately substitute for its loss; (3) To minimize risk of adverse impacts on beach processes; (4) To minimize risk of structures failing and becoming loose rocks, sharp or otherwise dangerous debris, or rubble on public property; and (5) To minimize adverse impacts on public views to, from, and along the shoreline. 8-9