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Home My WebLink AboutO-1431 - Amends Sec. 14.32.060(d), rural utility service area variances (14.32)/...... ./' CIT Y 0 F MAR Y S V ILL E Marysville,Washington ORDINANCE NO.11"3/ AN ORDINANCE OF THE CITY OF MARYSVILLE AMENDING SECTION 14.32.060(d)OF THE MARYSVILLE MUNICIPAL CODE RELATING TO VARIANCES FROM THE RUSA PLAN '1~'::.,.t::The City Council of the City of Marysville,Washington do ordain as follows: Section 14.32.060(d)of the Marysville Municipal Code 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.The applicant shall be given ten days'notice of the date on which the city council shall con s'i.de'r 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: (1)That there are exceptional or extraordinary circumstances or conditions applying to the subject property or as to the intended use thereof that do not 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 ofsueh 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; /. r, PROVIDED,that the variance criteria in paragraphs (1) and (2)above shall not be required,and a variance may be granted solely on the basis of the criteria in paragraphs (3)and (4) above in the following limited cases: Those applications where a variance from the RUSA boundary is needed to allow water service to a single-family residence;provided that a city water line must be in reasonably close proximity to the residence,and there must be no alternative source of domestic water supply which is practical under the circumstances. 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 accordance with the time schedule provided in subsection (b)of this section.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 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 24,-rl.day of 4t16-u..J'J ,1985. APPROVED BY~~~=a~~~~~~~~~4' No._ STATE OF WASHINGTON, County of Snohomish, ss. _____~}pAC!._~~~E3.!=~_r:,being first duly sworn ~9_8s= ~. ~jr-h·~~-------------- •me this ~:_.,_ CITY OF MARYSVILLE .Marysville,Washington .s the ,.&.e.C;;:r~tflTY.._.... _ .ORDINANCE NO. 1431 ~E,a weekly newspaper. AN ORDINANCE OF THE CITY OF.MARYSVILLE AMENDING SECTION·-.hich . b 14.32.060(d) OF THE MARYSVILLE MUNICIPAL CODE RELATING TO VARIANCES wspape!W rc n~een ap- FROM THE RUSA PLAN·.Court In Snohomish County The City council of the City of Marysville,Washington do ordain as follows:Chapter 213 of Washington Section 14.32.060(d)of the Marysville Municij)al Code is hereby amended to proivide as has been for more than six follows:publication hereinafter re- (dl Variances.The city council shall have authority to grant variances from any and .h language continually as a e~rr;~~~~i~~~lffb~h:~I~:.ai~t~;lfl~:,f~~~~:~~~p~re~:¥:g~fh~rnw~~p~i~fit~~~~o~~rf~Snoho~ish.County,~ash- dollars.The applicant shall be given ten days'notice of the date on which the city council all of said time was printed shall consider the variance.The city council is authorized to issue such variances only if 'oresaid place of publication it is found that a literal enforcement of this chapter would cause practical difficulties or xed is a true copy of a unnecessary hardships.No such variance shall be authorized unless the council finds . that all of the following facts and conditions exist: (1)That there are exceptional or extraordinary circumstances or conditions applying :.as it was to the subject property or as to the intended use thereof that do not apply generally to 110t in supplement form)of other properties in the same vicinity; (2)That such variance is necessary for the preservation and enjoyment of a substan- tial property right of the applicant possessed by the owners of other properties in the '1'a period of __o_I!.~con- same vicinity; (3)That the authorization of such variance will not be materially detrimental to the 28 h A public interest,welfare or the environment;!t day of -_~~~_~J:., (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 d f August 85citylimits;.--ay 9 - , 19 , PROVIDED,that the variance criteria in paragraphs (1)and (2) above shall not be re-.h newspaper was regularly quired,and a variance may be granted solely on the basis of the criteria in paragraphS ing all of said period.That (3) and (4)above in the following limited cases:ed for the foregoing publi- Those applications where a variance from the RUSA boundary is needed to allow· water service to a single-family residence;provided that a city water line must be in reasonably close proximity to the residence,and there must be no alternative source of --,which amount has been domestic water supply which is practical under the circumstances. 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 shalt.become void If the utility connection allow- ed has not been completed in accordance with the time schedule provided in subsection (b)of this section.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 months thereafter.Any part aggrieved by the dcecision 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,thatthe application must be filed and served Within a twenty-day period for the State of Washington, after the effective date Of the decision. PASSED by the City Council and APPROVED by the Mayor this 26th day of August.at MarySVille. 1985. THE CITY OF MARYSVILLE By Mayor lsi Norman Anderson.Mayor ATTEST:IslBy PhilliP.E.Dexter.City Clerk APPROVED AS TO FORM:By James H.Allendoerfer.City Atty. PUblished:August 28,1985 I Remember rain,that welcome wet stuff which used to fall fro~the sky? One year, wegot so much of It that.the wild plum tree in our front yard Ju~t keeledover. We had had a crop from It about once in seven years, so It was no great loss, since it was rotten anyway. I However, new shoots came up,an~ •this year, last Sunday.. as a matter.0 fact we picked our httle crop.Using the term "we"somewhat loosely,sll~ce my contribution consisted of ~avlsh raise for Wanda,who was up 10 the iree shaking it vigorously, and the ETR Sean, and Heather,who .w~reicki~g up the plums and provld1Og iransport to the house. Now we get to : try the jam Wanda sent over.Want to help us taste it?., If you are a night. owl hke me, you've seen Vincent Price on late TV, offering books in "The Ench~nted World"series. Save you~money, the Marysville Library IS gettmg them. To date, the library has thr~:"G~o~ts"~ which is illustrated with fine pa1Otlngs, "Wizards and Witches",,~y B.rendan Lehane; and "Dragons !with no author except the Time-Life editors., •"Ghosts"is on the 133shelf; the other , two are on the 398 shelf:I~case the,s,e , titles give you "The Nightmare , Ernest Hartman can tell you what ;causes same, and who is likely to have ,them.154.W ,,', Eleven "Women of the..est~re ,profiled by Cathy Lachettl,10 her fll~e ,book.Sorry, the author s n~me IS ;Luchetti.I'm not muc~of a t~ISt,and "-,..it.h-twoj@perableJ~gers!I.~,,~~~, AF"F'IDAV~T OF PlLJ~lJCATICN' No._ STATE OF WASHINGTON, County of Snohomish, ss. on oath deposes and says that he is the __s..~C(~t?.rY..__._._ 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 _____QnijllJ'UK~_#1-!l-JJ .as it was published in regular issues (and not in supplement form)of said newspaper once each week for a period of __o_I!.~_._con- I . secutive weeks,commencing on the .J.?_tJ!__day of _~~15~_~t:., 19_~~_,and ending on the J_8_t:.~day of ~~~~~_t__,19_~?_, 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 sum of $--~~~~9--,which amount has been paid in full .~-~~~~~--7----------- Subscribed and sworn to before me this ~~_ day of _n ~~:~::~-i~-~~~;~~O~: Residing at MarySVille.