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<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br />EXCERPTS FROM PLANNING COMMISSION RULE 8 -SHORELINE SETBACK <br />(Effective December 2017) <br />8-11 Criteria for Approval of a Variance <br />(a) A variance may be granted for a structure or activity otherwise prohibited by these rules if the <br />Planning Commission finds in writing, based on the record, thatthe proposed structure or activity is necessary for or ancillary to: <br />(1) Cultivation of crops; <br />(2) Aquaculture; or <br />(3) Landscaping. <br />(b) A variance may also be granted upon a finding that, based upon the record, the proposed structure or activity meets one of the following standards of this subsection: <br />(1) Shoreline-dependent Facility Standard. <br />A variance may be granted for an activity or structure that is necessary for or ancillary to a shoreline-dependent facility or improvement, including drainage facilities and boating, maritime or ocean sports recreational facilities; provided that the proposal is the practicable alternative which best conforms to the purpose of this rule. <br />(2) Public Interest Standard. <br />A variance may be granted for an activity or structure which is undertaken by a public agency or by a public utility regulated under Chapter 269, Hawaiʻi Revised Statutes, or a private facility or improvement which is undertaken by a private entity and is clearly in the public interest; provided that the proposal is the practicable alternative which best <br />conforms to the purpose of this rule. <br />(3) Hardship Standard. <br />(A) A structure or activity may be granted a variance upon grounds of hardship only if: <br />(i) The applicant would be deprived of reasonable use of the land if required to comply fully with this rule; and <br />(ii) The request is due to unique circumstances and does not draw into question the reasonableness of this rule; and <br />(iii) The request is the practicable alternative which best conforms to the purpose of this rule. <br />(B) 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.