Agenda - Planning Commission - 12/05/2002

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Z.B. October 25, 2002 -- Page 7 and maintenance as a lawful conforming use. Griswold appealed, and the board afl're'ned the.commission's decision. Griswold appealed, and the court alfa'reed the commission's decision. Griswold appealed again. · DECISION: Affirmed. There was sufficient evidence to support the court's determination 'COB had preserved its ~andfather rights. COB offered documents showing numer- ous records of vehicle repairs performed at least every twelve months. It was not unreasonable for the commission to accept these records as evidence Of continuing nonconforming use. Griswold's argument that COB's Work had to be "commercial" in nature in. order to preserve its grandfather rights also failed. There was no "commercial" requirement in the appiifable regulation, and COB admitted all Work performed on the premises was on third-party vehicles and COB received cash, "trade- out," or services for the work. Citation: Griswold v. City of Homer, Supreme Court of Alaska, Nos. S.-10321 & 5629 (2002). see also: Estate of Cuomo v. Rush, 273 AiD. 2d 234 (2000). Jurisdiction m County seeks to enforce land.use regulations on proposed subdivision on Indian reseiwation property Tribe had set up its own land use regulations WASHINGTON (9/18/02) About 1.6 percent of Snohomish County's land was reservation land, owned by the Tulalip Tribes. About 2,000 tribal mem- bers and 8,000 nonmembers lived on the reservation.'s 22,000 acres..The fed- eral government held half the land in trust for the tribe or its members, and the tx/be members and nonmembers held the other half. In 1972, the tribe established a system of land use regulations and an ad- ministrative structure in which to administer its regulations. In 1972, the tribe established a seven-member planning commission, which was' responsible for updating land use regulations. Over the next several years, the commission prepared a zoning plan, a zon- ing ordinance, and a map to implement the plan. The zoning ordinance, Ordi- nance 80, was reviewed and approved by the federal government. It estab- lished use and density, restrictions throughout the. reservation, required build- ing permits for all new construction, and required all'new, structures to be built in accordance with the UniformBuilding Code. It also provided for rezoning, if certain requirements were met; in or. der to encourage development. Gobin, a tribal member, applied to rezone a 25-acre parcel' for develop- ment. Her proposed subdivision would connect to septic, systems because ir was too far from available sewer systems, and would use water from local wells or private water systems. Only one road, Fire Trail Road, which was main- tained by the county, would provide access to the subdivision, and Gobin planned to offer the finished homes to. the public without regard to tribal affiliation. 27