Haw. Code R. § 15-217-82 - Variances

(a) Purpose. This section is intended to provide a mechanism for relief from the strict application of the rules where the strict application will deprive the property owner of privileges enjoyed by similar properties because of the subject property's unique and special conditions. Economic or financial hardship alone is not sufficient justification for granting a variance.

(b) Applicability. All requirements of the rules are mandatory unless approval of variance is obtained, except as limited by section 15-217-82(f) (variances).

(c) Types. There shall be two types of variances - minor and major. Each type shall be subject to the decision-maker review and action of Figure 1.1 (approval requirements matrix), dated September 2011, made a part of this chapter, and attached at the end of this chapter:

(1) Minor variances shall apply to projects on parcels 20,000 square feet or less and are subject to executive director review and action; and

(2) Major variances shall apply to projects on parcels over 20,000 square feet and are subject to authority review and action.

(d) Findings. Approval of a variance shall require all the following findings of fact:

(1) Uniqueness. That there are unique physical conditions, including irregularity, narrowness or shallowness of lot size or shape, or exceptional topographical or other physical conditions peculiar to and inherent in the particular lot; and that, as a result of such unique physical conditions, practical difficulties or unusual hardship arise in complying strictly with the standards of the rules;

(2) Self-created hardship. That the practical difficulties or unusual hardship claimed as the basis for a variance has not been created by the owner or by a predecessor in title;

(3) Minimal deviation. That the variance, if granted, is the minimum deviation necessary to afford relief; and to this end, the decision-maker may permit a lesser variance than that applied for;

(4) Neighborhood character. That the variance, if granted, will not alter the existing or planned character of the neighborhood or neighborhood zone in which the lot is located; will not substantially impair the appropriate use or development of adjacent property; and will not be detrimental to the public welfare; and

(5) No adverse impact. The variance would result in development that is not detrimental to or that would adversely impact adjacent properties.

(e) Variances for buildings for civic uses. In addition to the findings required by section 15-217-82(d) above, a community identity finding shall also be required to grant approval for a variance involving a new building or substantial modification to an existing building providing for a civic land use classification of Figure 1.9 (land use), dated September 2011, made a part of this chapter, and attached at the end of this chapter. The community identity finding establishes that the building and use provides a public service dedicated to arts, culture, education, recreation, government, transit or public parking and is uniquely designed to feature as a prominent, architecturally significant contribution to the built environment such that deviation from the provisions of the rules is warranted.

(f) Limitations. The following shall not be eligible for variance approval:

(1) Change of zone;

(2) Deletion of any thoroughfare identified in the thoroughfare plan;

(3) Figure 1.5 (parks and open space plan), dated September 2011, made a part of this chapter, and attached at the end of this chapter;

(4) Figure 1.6 (view corridors), dated September 2011, made a part of this chapter, and attached at the end of this chapter, and associated setback requirements;

(5) Land use classifications as allocated to neighborhood zones - Figure 1.9 (land use), dated September 2011, made a part of this chapter, and attached at the end of this chapter;

(6) Any buildings types and frontages types not allocated to neighborhood zones; and

(7) Any maximum floor area ratio standard.

(g) Submittal requirements. Each variance application shall include, at a minimum, the following:

(1) A statement of the standard or standards that are the subject of the proposed variance;

(2) A textual description of the manner in which the applicant proposes to deviate from such evaluation standard or standards;

(3) Plans drawn to scale, showing the nature, location, dimensions, and elevation of the structure, area or part thereof that is the subject of the proposed variance; including the development projects relationship to the surrounding context;

(4) A justification for the proposed variance in light of the requirements set forth above; and

(5) Other information as may be required by the decision-maker.

Notes

Haw. Code R. § 15-217-82

[Eff NOV 11 2011 ] (Auth: HRS §§ 206E-4, 206E-5, 206E-7) (Imp: HRS §§ 206E-4, 206E-5, 206E-7)