Surfrider Foundation v. Zoning Board of Appeals
Supreme Court of Hawai’i
358 P.3d 664 (2015)
Honolulu's special design district imposed a shoreline building-height setback to preserve Waikiki's neighborhood character, allowing a variance only if (1) the applicant would be deprived of reasonable land use without it, (2) the need arose from circumstances unique to the applicant rather than the general neighborhood, and (3) the variance would not alter the neighborhood's essential character or contradict the ordinance's purpose. Kyo-ya Hotels & Resorts sought to redevelop its existing eight-story hotel into a 26-story tower encroaching 74 percent into the height setback; the city approved the variance, and the Zoning Board of Appeals and circuit court affirmed over Surfrider Foundation's (plaintiff) objections, prompting Surfrider's appeal.
Whether a court can grant a variance where the applicant would not be deprived of the reasonable use of its land absent the variance, the variance is not requested due to circumstances unique to the applicant, or the variance would change the essential character of the neighborhood and is contrary to the ordinance's purpose.