Hawaii Consents to Variance (By Adjacent Landowner) is a legal document that permits a property owner to grant consent to their neighboring landowner for a variance. A variance is a deviation from the applicable zoning or land use regulations. This consent is required when a landowner wishes to obtain a variance that may encroach upon their neighbor's rights or property. In Hawaii, there are two types of Consent to Variance (By Adjacent Landowner): 1. Consent to Variance- Use: This type of consent is given when a neighboring landowner agrees to a variance that allows the property owner to use their land in a manner not typically permitted by the existing zoning regulations. For instance, it could involve permitting the construction of a structure for commercial purposes in a predominantly residential area. 2. Consent to Variance- Dimension: This type of consent is necessary when a landowner seeks a variance that allows them to deviate from the required dimensions, such as setbacks or lot size requirements, which may infringe upon the neighboring landowner's rights or land use. The Hawaii Consent to Variance (By Adjacent Landowner) document includes various essential components. It begins by identifying the parties involved, i.e., the property owner seeking the variance and the adjacent landowner granting the consent. It may also require the input of other affected parties, such as homeowner associations or planning agencies. The document outlines the specific variance requested, including the type of variance and its purpose. It should provide a comprehensive description of how the proposed variance will impact both properties, including any potential encroachments, changes in land use, or alterations to property lines. Additionally, it is crucial to detail any compensation or compromises agreed upon between the parties involved. This may include financial considerations, shared maintenance responsibilities, or any necessary easements or licenses that may arise from the proposed variance. To ensure the validity and enforceability of the consent, the document must be signed and notarized by both parties. It is also advisable to consult with an attorney to ensure compliance with all applicable Hawaii state laws and regulations regarding variances and neighboring rights. In summary, Hawaii Consents to Variance (By Adjacent Landowner) is a legal document that establishes the consent of an adjacent property owner to grant a variance to their neighbor. These variances can pertain to land use or dimensional aspects. It is crucial to carefully draft and execute this document to avoid any future conflicts or legal ramifications.
Hawaii Consent to Variance (By Adjacent Landowner)
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Hear this out loud PausePursuant to Hawai'i Revised Statutes Section 205A-43(a) and Planning Department Rule 11-5 (click here), all lots which abut the shoreline shall have a minimum shoreline setback of 40 feet.
Under state law and the City's current rules, the shoreline setback line runs 40 feet inland from and parallel to the certified shoreline. The land between the shoreline setback line and the certified shoreline is known as the shoreline setback area, within which new structures and activities are generally prohibited.
