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I MEMORANDUM To: Soren Mattick, City Attorney Melanie Curtis , Planning & Zoning Coordinator From: Mike Gaffron, Asst. City Administrator Date: March 20, 2014 Subject: Interpretation of RS District Code re: Guest Cabins Attachment: A -Zoning Code Sections 78-561 thru 78-578: RS District Standards B -Lot Area Variance Resolutions from 1983 & 1987 and their Intro Letter 2/15 /83 Soren -need your thoughts on deciphering the status of an existing cabin on Big Island. The short version of a long story is that this property has a small 700 s.f. cabin with plumbing and septic . The new owners want to build a larger dwelling near it ( on the same lot) but keep the cabin as a 'guest cabin '. Council Exhibit F The question came up at the PC meeting on Monday as to whether they are allowed to keep the existing plumbing in the small cabin. Our initial take on this was 'no'. Now we think maybe the answer 1s yes . I will work you through my thought process relative to the code . A. Status of the proposed new larger dwelling to be built: Per 78-564(2) it will be a permitted use as a "one-famiiy detached dweHing used for seasonal recreational use not to exceed 180 days in any one year ... " B. Status of existing small cabin (700 s.f.): 1. It is a legal non-conforming structure. It is proposed to be used as a 'guest cabin'. Construction of the new larger dwelling changes the status of the existing small cabin from a principal permitted use to an accessory use, right? Therefore, per 78-566(3) if it was less than or equal to 600 s.f. it could be allowed as an accessory private guest cabin without a CUP , but must comply with 78-565(2)f. But, it is larger than 600 s.f., so 78-566(3) does not apply. It cannot be allowed simply as an accessory use ; it 's an accessory use that requires conditional use approval. 2. Can it be allowed as a conditional use under 78-565? Applicable section is 78-565(2), Guest Cabins. -The preamble paragraph of 78-565(2) states that one or more such cabins with indoor toilet &/or kitchen located on the same lot as a permitted seasonal dwelling, can be allowed as a conditional use subject to certain Council findings , and subject to a) thru f): a) No rental or lease allowed. 01'.