HAR §15-23-89. Conditions for modification

(a) In order for the authority to consider modification of 15-23-72 3529 §15-23-90 the zoning requirements listed in section 15-23-88, 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 makai area plan. (b) The authority shall specify the particular evidence that supports the granting of a modification and may impose reasonable conditions in granting a modification. [Eff 10/10/98; comp 2/2/02; comp 12/9/02; §15-23-88; am, ren, and comp 11/3/05; am and comp ] (Auth: HRS §§206E-4, 206E- 5, 206E-7) (Imp: HRS §§206E-4, 206E-5, 206E-7)