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<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br />(C) 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 <br />structure is not allowed within the shoreline setback area. <br />(D) Hardship shall not be determined as a result ofa zoning amendments, <br />planned unit development (PUD) permits, cluster plan development (CPD) permits, or subdivision approvals after June 16, 1989. <br />(c) No variance shall be granted unless appropriate conditions are imposed as applicable: <br />(1) To comply with Chapters 10 and 27 of the Hawaiʻi County Code relatingto Erosion and Sedimentation Control and Flood Control, respectively; <br />(2) To maintain safe lateral access along the shoreline or adequately substitute for its loss; <br />(3) To minimize risk of adverse impacts on beach processes; <br />(4) To minimize risk of structures failing and becoming loose rocks or rubble on public property; and <br />(5) To minimize adverse impacts on public views to, from, and along the shoreline. <br />Note: A copy of the entire Planning Commission RULE 8, SHORELINE SETBACK can be found within the Planning Commission Rules on the Planning Department Website (https://www.planning.hawaiicounty.gov/resources/resources-references). <br />Rev. 12/8/2022