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Council tables waiver request for Bay View Estates water dedication until December
Summary
Attorney Daniel Danzi requested a waiver of water-dedication requirements for Bay View Estates, arguing inequity based on prior city ownership; Mayor Travis Mote opposed granting waivers and the council tabled the request until the first meeting in December.
A request for a waiver of the city's water-dedication requirement for Bay View Estates was discussed Oct. 10 and tabled until the council's first December meeting.
Attorney Daniel Danzi, representing property owner Chad Call, argued the parcel was previously owned by the city and that no water rights were transferred to the buyer, saying the city's code allows a waiver when dedication would be "inequitable, unreasonable, or unlawful." Danzi told the council the city has excess water capacity and that a waiver would be appropriate in this circumstance. Mayor Travis Mote countered that bidders had been informed that no water rights were included in the sale and that the city is preparing an allocation plan; he warned that granting an individual waiver could create unequal treatment. "If we start granting waivers, we will have a whole series of folks up for waivers," the mayor said.
After discussion the council moved to table the waiver request; Council Member Rod Mund made the motion and Council Member Jacob Bodily seconded. The council directed staff to continue work on a citywide allocation plan and to provide guidance as part of the allocation process.
Why it matters: the waiver decision affects whether the property owner must provide water for development or may be exempted from standard dedication requirements. The council's decision to table preserves a consistent allocation process while staff completes an inventory and allocation plan for Willard's water rights.
