§15-16-51  Informal discussion.  A person seeking a variance from provisions of the Kakaako community development district plan or rules with respect to a parcel or parcels of land may discuss the matter informally with the executive director or a designated representative of the executive director.  [Eff 1/21/83, comp 9/8/86] (Auth:  HRS §§91-2, 206E-4) (Imp:  HRS §§91-2, 206E-4)
 

 §15-16-52  Application.  A person may apply to the authority for a variance by completing the appropriate "Application for Variance" form.  The completed application shall be filed at the office of the Hawaii community development authority with the proper signatures, exhibits and data required by the application form.  [Eff 1/21/83, comp 9/8/86] (Auth:  HRS §§91-2, 206E-4) (Imp:  HRS §§91-2, 206E-4)
  §15-16-53  Fee.  (a)  The filing fee of two-hundred dollars plus the cost of publishing the public hearing notice shall be submitted with the variance application.  The cost of the hearing notice shall be refunded only if the public hearing notice has not been submitted to the publishing agency.
 (b) Government agencies are exempt from the application fee.  [Eff 1/21/83, am and comp 9/8/86] (Auth:  HRS §§91-2, 206E-4) (Imp:  HRS §§91-2, 206E-4)
 

 §15-16-54  Executive director's report.  (a)  Following a determination that the application is complete, including payment of the fee, the submittal of the required information and drawings, and the authorization of the fee owner of the parcel (deed holder) or the owner of the right to use the property, the executive director shall initiate an investigation of the facts upon which the variance request is based.  This investigation may include a visit to the site and such record searches as are necessary.
 (b) The executive director shall prepare a report for the authority which shall include a finding of facts, justification statements made by the applicant, pertinent plan and rule references, violation notices if any, and an analysis relating the facts found to the variance criteria specified by the Kakaako community development district rules.
 (c) The report shall include the executive director's recommended action based on the analysis.  [Eff 1/21/83, am and comp 9/8/86] (Auth:  HRS §§91-2, 206E-4) (Imp:  HRS §§91-2, 206E-4)
 

 §15-16-55  Hearing.  (a)  The executive director shall place the matter on the agenda of the authority, publish a public hearing notice and send a copy of the report to each authority member.  The applicant shall be sent a notice of the public hearing and a copy of the executive director's report, and requested to be present at the public hearing.
 (b) Notice of the public hearing shall be published at least once in a daily newspaper of general circulation in the state, not less than twenty days prior to the hearing.
 (c) The public hearing shall afford interested persons a reasonable opportunity to be heard and to present evidence and argument either for or against the request.  [Eff 1/21/83, comp 9/8/86] (Auth:  HRS §§91-2, 206E-4) (Imp:  HRS §§91-2, 206E-4)
 

 §15-16-56  Decision.  (a)  If the authority finds that a requested variance meets the applicable variance conditions set forth in section 15-22-14 of the Kakaako community development district rules, it shall grant the variance, and may attach to its approval such terms and conditions as it deems appropriate.
 (b) If the authority cannot find that a requested variance meets the applicable variance conditions, it shall deny the variance.  [Eff 1/21/83, am and comp 9/8/86] (Auth:  HRS §§91-2, 206E-4) (Imp:  HRS §§91-2, 206E-4)
 

 §15-16-57  Examination of evidence.  (a)  Whenever the decision of the authority is adverse to the applicant, and all authority members have not heard and examined all of the evidence, a proposal for decision must be prepared and served upon the applicant.  Said proposed decision shall contain a statement of reasons, including a determination of each issue of fact or law necessary to the proposed decision.
 (b) The applicant shall be afforded an opportunity to file exceptions to the proposed decision and present argument to the authority.  [Eff 1/21/83, comp 9/8/86] (Auth:  HRS §§91-2, 91-11, 206E-4) (Imp:  HRS §§91-2, 91-11, 206E-4)
 

 §15-16-58  Orders.  A decision of the authority is effective upon signing of the written order.  [Eff 1/21/83, comp 9/8/86] (Auth:  HRS §§91-2, 206E-4) (Imp:  HRS §§91-2, 206E-4)
 

 §15-16-59  Variance term.  A variance, when approved, runs with the land, except in those cases where the authority has qualified its approval by attaching conditions which limit the term of the variance.  [Eff 1/21/83, comp 9/8/86] (Auth:  HRS §§91-2, 206E-4) (Imp:  HRS §§91-2, 206E-4)