The direction that a planned Kakaako condominium tower faces could be decided Wednesday under the first test of a new state rule intended to minimize the loss of mountain and ocean views in an area designated for dense high-rise development.

A state board is slated to decide the orientation for the 400-foot Symphony tower proposed for the corner of Kapiolani Boulevard and Ward Ave­nue, after a hearing originally scheduled for March was postponed.

The developer of the $380 million luxury condo is asking for an exemption to a Hawaii Community Development Authority rule that aims to reduce the extent to which new buildings block mountain and ocean views in Kakaako.

The rule requires that the long side of towers run parallel to the nearest of five mauka-makai streets — Punchbowl, South, Cooke, Ward and Piikoi — within an allowed 20-degree deviation.

Symphony’s developer, San Diego-based Oliver­Mcmillan, wants to build the tower with its long side parallel to Kapiolani, an Ewa-Diamond Head street. It has applied for a variance to be decided by the agency’s board of directors.

"We think this is responsible development," said Dan Nishi­kawa, development director for OliverMcmillan, which partnered with local car dealer and landowner JN Automotive Group on the proj­ect.

The orientation rule was adopted in November as part of an overhaul of the agency’s Mauka Area Plan pertaining to 450 acres bounded by Ala Moana Boulevard and King, Piikoi and Punchbowl streets. Symphony is the first proj­ect to ask to deviate from the new rule.

OliverMcmillan said its flexibility to position its tower is significantly constrained because the site is bound by two major thoroughfares that require the tower be set back significantly from the sidewalk on two sides.

The developer also said energy to cool the building would be 18 percent higher if it is held to the orientation rule, which would position the building’s long sides in the sun’s direct path.

The developer’s application also argues that the effect on mauka-makai views will not be significantly greater under the proposed orientation and that the positioning also will allow frontage for a luxury automobile showroom in the base of the tower to be along Kapiolani.

OliverMcmillan previously said an underground stream on the property made building the tower with an orientation prescribed by HCDA’s rule difficult. But Nishi­kawa said last week that subsequent tests showed that the stream, or alluvial channel, isn’t a significant factor.

Nishikawa said the HCDA staff recommends a variance approval. The Ala Moana-Kakaako Neighborhood Board also conveyed its support in an 8-0 vote last month.

According to meeting minutes, board Chairman Larry Hurst said prevailing winds would create unhealthy vortices of dust and debris if the building is instead built parallel to Ward, stressing building elements dangerously and prompting residents to keep windows closed and rely on air conditioning.

Hurst also said the area’s character would be more consistant under Oliver­Mcmillan’s proposal, given the positioning of existing buildings such as 909 Kapiolani, which is diagonally opposite the Symphony site and has its long side parallel to Kapiolani.

The Kakaako development agency created the orientation rule in part out of concern that towers one day might block views of the mountains or ocean.

Other rule changes provided developers with greater density, taller podium structures and reduced street setbacks for podium structures.

Michelle Matson, a concerned resident who followed the agency’s rule overhaul, said the provision to maximize what one day could be mauka-makai view slots between buildings shouldn’t be reduced by variances.

"When you crack the door open to variances that are counter to public policies and regulations, how many more times do you go through that before policies and regulations mean nothing?" she said.

"These developers always seem to contrive reasons to run counter to policies and benefit their own interests. They should reduce the size of their proj­ect," she said.