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Home My WebLink AboutO-1267 - Amends Sec. 14.32.060(d), rural utility service area (14.32)•.:r ~...- ..::.. ~1.~~B~, 3 {:f/IJ0 I-~;Clj#.t<:-Q.r;v CIT Y 0 F MAR Y S V ILL E Marysville,Washington ORDINANCE NO.l:llp? AN ORDINANCE OF THE CITY OF ~iARYSVILLE AMENDING SECTION l4.32.060(d)OF THE MARYSVILLE MUNICIPAL CODE RELATING TO VARIANCES FOR UTILITY CONNECTIONS UNDER RUSA THE CITY COUNCIL OF THE CITY OF MARYSVILLE,WASHINGTON,DO ORDAIN AS FOLLOWS: Section l4.32.060(d)is hereby amended to provide as follows: (d)Variances.The City Council shall have authority to grant variances from any and all provisions of this chapter,and from the adopted RUSA Plan.Applications for such variances shall be filed, in writing,with the City Clerk,together with a filing fee of fifty dollars ($50.00).The applicant shall be given ten (10)days notice of the date on which the City Council shall consider the variance. The City Council is authorized to issue such variances only if it is found that a literal enforcement of this chapter would cause practical difficulties or unnecessary hardships.No such variance shall be auth- orized unless the Council finds that all of the following facts and conditions exist: (1)That there are exceptional or extraordinary circum- stances or conditions applying to the subject property or as to the intended use thereof that do no apply generally to other properties in the same vicinity; (2)That such variance is necessary for the preservation and enjoyment of a substantial property right of the applicant possessed by the owners of other properties in the same vicinity; (3)That the authorization of such variance will not be materially detrimental to the publicintere~t,welfare or the environment; (4)That the granting of such variance will hot be incon- sistent with the long-range plans of the City utility system,or joepardize utility availability for prop- erties within the City limits. Ordinance - 1 In authorizing a variance the Council may attach thereto such conditions as it may deem necessary to carry out the spirit and purposes of this chapter and to protect the long-range plans of the City utility system and the public interest.Each variance shall be considered on a case-by-case basis and shall not be construed as setting precedent for any subsequent application.A variance shall become void if the utility connection allowed has not been .completed in aC90rdance with the time schedule provided in sub- section (b).The decision of the City Council on a variance shall be final,and no similar application for the same property may be filed for a period of six (6)months thereafter.Any party aggrieved by the decision of the City Council on a variance shall have a right to file an application for Writ of Certiorari in the Snohomish County Superior Court,provided that the application must be filed and served within a twenty-day period after the effective date of the decision. J~~t PASS~by the City Council and APPROVED by the Mayor this ~day of .'t..M!t:e->nbt'r ,1982. THE CITY OF MARYSVILLE Byt~~·'MAYOR ATTEST: ~/~-By !. CITYCLERK APPROVED AS TO FORM: Ordinance - 2 --------------r'4.CTIT,....YtTOF MA R YSVILL E M'arysvil'le,Washington ORDINANCE NO.1267 AN ORDINANCE OF THE CITY OF MARYSVILLE AMENDING SECTION 14.32_060 (d)OF THE MARYSVILLE MUNICIPAL CODE RELATING TO VARIANCES FOR UTILITY CONNECTIONS UNDeR RUSA THE CITY COUNCIL OF THE CITY OF MARYSVILLE,WASHINGTON,DO OR· DAIN AS FOLLOWS: section 14.32.060 (d)is hereby amended to provide as follows: (d)Variances_The City Council shall have authority to grant variances from any and all provisions of this chapter,and from the adopted RUSA Plan.Applications for such variances shall .be filed,in writing,with the City Clerk,together with a filing fee of fifty dollars ($50.00). The applicant shall be given ten (10)days notice of the date on which me City Council shall consider the variance.The City Council is authorized to issue such variances only if it is found that a literal enforcement of this chapter would cause practical difficulties or unnecessary hardships.No such variance shall be authorized unless the Council finds that all of the following facts and conditions exist: (ll That there are exceptional or extraordinary circumstances or conditions spplv- ing to the sublect property or as to the intended use thereof that do no apply generallv to other properties in the same vicinity; (2)That such variance is necessary for fhe preservation and eniovment of a substantial property right of the applicant possessed by the owners of other properties in the same vicinity; (3)That the authorization of such variance will not be materially detrimental to the public interest,welfare or the environment; (4)That the granting of such variance will not be inconsistent with the long-range plans of the City utility system,or jeopardize utility "availability for properties within the City limits. I n authorizing a variance the Council may attach thereto such conditions as it may deem necessary to carry out the spirit arid purposes of this chapter and to protect the long-range plans of the City utility system and the public interest.Each variance shall be considered on a case-bv-cese basis and shall not be construed as setting precedent for any subsequent application.A variance shall become void if the utility connection allowed has not been completed in accordance with the time schedule provided in sub- section (b).The decision of the City Councit on a variance shall be final,and no similar application for the same property may be filed for a period of six (6)months thereafter.Any party aggrieved by the decision of the City Council on a variance Shall have a right to file an application for Writ of Certiorari in the Snohomish County Superior court,provided that the application must be filed and served within a twenty-day period after the effective date of the decision. PASSED by the City Council and APPROVED by the Mayor this 13th day of December,1982. THE CITY OF MARYSVILLE By Is/Daryl Brennick,Mayor ~EST;By /s/PIJ,j,Mti{l E.,pe)(ter,City Clerk "" APPROVED AS T0't'ORM'~ey James H.A'ilendoer,ter,City Atty. Published:Decerm.ae r 15,1982 '. :!/.'f .."'•..tL!;•."j''..1'.:"Ii ",',........':Yi..'"•..,. AFFIDAVIT OF PUBLICATION No._ STATE OF WASHINGTON, County of Snohomish, SS. _-~~~}:-~-~-~-~~?~~:'_~~---------,being first duly sworn on oath deposes and says that he is the;.._~_~g;rJ~.t.13RY _ of THE MARYSVILLE GLOBE, a weekly newspaper. That said newspaper is a legal newspaper which has been .ap- proved by order of the Superior Court in Snohomish County June 18, 1962 in compliance with Chapter 213 of Washington Laws of 1941, and it is now and has been for more than six months prior to the date of the publication hereinafter re- ferred to,published in the English language continually as a weekly newspaper in Marysville,Snohomish County,Wash- ington,and it is now and during all of said time was printed in an office maintained at the aforesaid place of publication of said newspaper.That the annexed is a true copY'of a Ordinance 1267 .___________________________.--as It was published in regular issues (and not in supplement form)of said newspaper once each week for a period of __ql:}~con- secutive weeks,commencing on the _J5j~.b_day of _...ue.c_~_, 19_82,and ending on the ~S.t.tday of --Dac ..-,19_.82. both dates inclusive,and that such newspaper was regularly distributed to its subscribers during all of said period.That the full amount of the fee charged for the foregoing publi- cation is the su paid in full Subscribed and s n to before me this ~2_!!::._ day of -'?~~~~..... Notary Public in and for the State of Washington, Residing at Marysville.