HAR §15-22-22. Conditions for modification

(a) In order for the authority to consider modification of specific provisions, the applicant must demonstrate that: (1) The modification would provide flexibility and result in a development that is practically and aesthetically superior to that which could be accomplished with the rigid enforcement of this chapter; (2) The modification would not adversely affect adjacent developments or uses; and (3) The resulting development will be consistent with the intent of the mauka area plan. (b) The authority shall specify the particular evidence which supports the granting of a modification and may impose reasonable conditions in granting a modification. [Eff 1/25/97] (Auth: HRS §§206E-4, 206E-5, 206E-7) (Imp: HRS §§206E-4, 206E-5, 206E-7)