2024-06-20 PL-BOA-2024-000104 1250 OCEANSIDE, LLC PL-INT-2024-007028 Record on Appeal

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F. Determine that the Variance is unlawful, impermissible, and not authorized under Hawaii law. Section 23-15 of the Hawaii County Code states that all the following conditions must exist for a variance to be granted: (a) There are special or unusual circumstances applying to the subject real property which exist either to a degree which deprives the owner or applicant of substantial property rights that would otherwise be available or to a degree which obviously interferes with the best use or manner of development of that property; and (b) There are no other reasonable alternatives that would resolve the difficulty; and (c) The variance will be consistent with the general purpose of the district, the intent and purpose of this chapter, and the County general plan and will not be materially detrimental to the public welfare or cause substantial,adverse impact to an area's character or to adjoining properties. G. Determine whether Petitioner failed to receive requisite notice of the Variance, against the express dictate of County law. Section 23-17 of the Hawaii County Code states that in order for a variance to be issued, "the applicant shall serve notice of the application on owners of interest in properties within three hundred feet of the perimeter boundary of the applicant's property and to owners of interests in other properties which the director may rind to be directly affected by the variance sought." H. Whether obligations in a development agreement can be excused by Variance under the Hawaii Constitution, HRS, Hawaii Charter, County Code, and Development Agreement. To our knowledge, the HRS, Hawaii Charter, County Code and Development Agreement do not provide that obligations under a development agreement can be excused by simple Variance. 8 843682 10