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RS District Code Interpretation Review <br />March 20, 2014 <br />Page2 <br />b) If lot is less than 5 acres (it is 1.6 acres), approval for a CUP requires a lot <br />area variance and must show compliance with health and sanitation standards <br />(Note: The resolutions/or the lot area variances granted in 1984 and 1987 <br />for the two prior Record Lots that make up the current parcel, list a finite <br />number of future uses that can occur without further lot area review. We <br />would conclude that this guest cabin CUP is not one of those uses, because <br />the status of the existing structure is changing from an existing seasonal <br />dwelling to a guest cabin.) NEEDS LOT AREA VARIANCE (underway) <br />c) It must be connected to a conforming on-site sewage treatment system. OK <br />d) Requires smoke detectors and fire extinguishing equipment. O K! <br />e) Requires combination of all commonly owned tax parcels into one tax parcel, <br />or a special lot combination is required. OK <br />and then there is: <br />f) As worded, it seems that f) applies to private guest cabins without indoor <br />plumbing/toilet/kitchen, used only as a sleeping quarters, subject to these <br />prov1s10ns: <br />-Not more than one of these without plumbing is allowed without a CUP; <br />i.e . 2 or more requires a CUP; <br />But none of these without plumbing can exceed 600 s.f. <br />Therefore, we must conclude that a private guest cabin without plumbing requires a CUP <br />if it exceeds 600 s.f., and in that case must meet 78-565(2)a. thru e. which says it must <br />have a connection to an on-site sewage system. Which suggests it must have plumbing. <br />(This seems to be a variation of a Catch-22 in the code ... ) <br />3. How does Big Island Septic Code apply? <br />Section 78-574( 4) says an on-site system is required: a) for all properties with 2 or more <br />dwellings pursuant to a guest cabin CUP; and b) for all seasonal dwellings over 800 s.f.; <br />and c) for all buildings with a toilet. <br />C. Conclusions: <br />1. A lot area variance is required to allow the existing cabin to remain as a 'guest cabin'. <br />2. Because it is over 600 s.f. it needs a CUP. <br />3. The CUP requirements indicate it must have plumbing and a connection to a septic <br />system. <br />Therefore, the answer is not "remove the plumbing". The correct answer is, in order to <br />remain as a guest cabin via a CUP per 78-565(2), it has to have plumbing and must be <br />connected to a septic system.