Haw. Code R. § 15-220-59 - 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 applicant of privileges because of the subject site'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 a variance is obtained,

(c) Variances shall be subject to authority review and action as set forth in Figure 1 (approval requirements), dated _______, made a part of this chapter, and attached at the end of this chapter:

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

(1) Uniqueness. That there are unique physical conditions, including irregularity of the lot size or shape or exceptional topographical or other physical conditions peculiar to and inherent in the particular project area; 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 applicant;

(3) Minimal deviation. That the variance, if approved, 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) Character. That the variance, if approved, will not alter the existing character of the area and will not be detrimental to the public welfare and the environment; and

(5) No adverse impact. The variance would result in a project that would not be detrimental to nor adversely impact the district.

(e) 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 requested 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, and dimensions of the structure, area, or part thereof that is the subject of the requested variance;

(4) A statement of the justification for the requested variance based on the requirements set forth in this section; and

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

Notes

Haw. Code R. § 15-220-59

[Eff 8/9/2021] (Auth; HRS §§ 206E-4, 206E-5, 206E-7) (Imp : HRS §§ 206E-4, 206E-5, 206E-7)