HAR §15-220-59. (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; 220-25 3420 §15-220-59 §15-220-60 (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. [Eff AUG 09 2021] (Auth: HRS §§206E-4, 206E-5, 206E-7) (Imp: HRS §§206E-4, 206E-5, 206E-7) ###