HomeMy WebLinkAboutR-1023 - Granting a variance for utility connections to a proposed residential development outside of the city limits/
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CIT YOI'MAR Y S V ILL E
Marysville,Washington.
RESOLUTION NO.If)'2-3
A RESOLUTION OF THE CITY OF MARYSVILLE GRANTING A
VARIANCE FOR UTILITY CONNECTIONS TO A PROPOSED
RESIDENTIAL DEVELOPMENT LOCATED OUTSIDE OF TIlE
CITY LIMITS.
WHEREAS,Robert S.Johnson is the owner of certain property
located at Lot 4,Town and Country Estates,Snohomish County,Washing-
ton,(45 Ro ad) ;and
WHEREAS,the development of said property proposes one
connection to the City Water Service for residential usc;and
WHEREAS,the subject property is located outside of the
Utility Service Area of the City of Marysville;and
1V!IEIlEAS,pursuant to Sections 14.04.061 and 14.14.185 of
the Marysville Municipal Code,utility services must be denied to
a development of this nature unless a Variance is issued therefor;and
.WHEIlEAS,the owner of the s~bject property applied for a
Variance and a public meeting was held thereon on June 8,1981;
Resolution 1014 was adopted on June 22,1981,denying the Variance;and
WHEIlEAS,on July 27,1981,the City Council reconsidered
Resolution 1014 in light of new evidence which was presented by the
applicant;NO~THEREFORE,
The City Council of the City of Marysville,Washington,
hereby enters the following Findings of Fact:
1.The applicant has obtained vested rights to Water
Utility Service for the subject property arising
from tlle following:
A.At the time the subject property was platted by
Snohomish County the Marysville Utility Depart-
ment sent a letter to the developer stating that
water service would be available to the Plat of
Town and Country Estates.
RESOLUTION -1
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B.Over the past sever~l years the City has con-
nected water service to eight out of the twelve
lots in the subject plat.
2.Subject property is too small to legally accommodate
a well and an on-site sewage disposal system.Public
water is necessary for the development of this lot.
3.The granting of water service to this lot will only
set a precedent for a maximum of three other lots.
This would not be detrimental to the public interest,
welfare or the environment,and would not be incon-
sistent with the long-range plans of the Marysville
Utility System.
4. As a condition of obtaining 0 water connection,the
applicant shall be required to execute a "Supplement
to Water Application"in the standard form.
Based upon the foregoing Findings of Fact,the City Council
of the City of Marysville,Washington,hereby RESOLVES as follows:
Pursuant to Section 14.04.061 of the t-1arysville Municipal
Code,the Variance application referred to above is hereby GRANTED,
,and City Water Utility shall be made available to the subject
property on the conditions ,stated in the "Supplement to Water Appli-
cation."
1(-10-day Council and APPROVED by the Mayor this
,1981.
CITY OF MARYSVILLE
ATTEST:
APPROVED AS TO FORM:
RESOLUTION - 2
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SUPPLmlENT TO WATER APPLICATION
WHEREAS,ROBERT S.JOHNSON and
(names)
Johnson ,his
wife,
15502 45 Road
of Arlington"Washington 98223 ,are the owners of the
•(addresses)
following-described real estate situated in Snohomish County,Washington:
Lot 4,Town &Country Estates,according to plat thereof
.recorded in Volume 26 of Plats,page 48,records of said
county.
WHEREAS,said property is situated outside of tlle Water
Utility Service Area of the City of Marysville,and has been grallted
the right to connect to said system solely by virtue of a Variance
issued by the Marysville City Council pursuant to Section 14.04.061
of the Marysville Municipal Code on the terms and conditions specified
below;
NOW,THEREFORE,
As a supplement to the watei application for the above-
described property,the owners thereof agree to the following terms
and conditions:
1.TIle subject property will not be subdivided or developed
into more than one lot,and shall be entitled to a maximum of one
water connection.
2. The right of the subject property to connect to the
City of Marysville Water Utility System shall become null and void
unless within one year of the date of City Council approval the water
connection has been completed.
3.All develcpment on the subject property must he on the
basis of on-site sewage disposal.The subject property slloll not be
eligible for connection to the City Sewer Utility under any circum-
stances wh a t so eve r ,and no implication of such eligibility shall
arise from the mere fact tllat the subject property is conriected to
the City Water Utility System~
4.Water service to the subj~ct property sllallnot be
expanded to serve any abutting properties without express approval
from the Marysville City Council ..No im~lication tllat such a~proval
will be granted shall arise from approval of water service to the~ubject property.
S.Water service to the subject property shall be conditioned
upon payment of all fees and charges and in compliance witllall terms
and conditions specified by the City Water Cod~.
Supplement to Water Application - 1
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6. The owners acknowledge that they are obtaining water
from a City transmission line which is presently maintained for the
purpose of transporting water,in bulk,from the City's wells to the
customers inside of the Utility Service Area.The City reserves the
r i gh t ',0 abandon this transmission line,and h as no obligation to
maintain or repair the same for the purpose of ~erving private con-
nections of cusiomers who are located outside of the Utility Service
Area.In the event of SUCll abandonment,the owners and other persons
similarly situated·shall have the right to privately repair and main-
tain the.transmission line,and appurtenances,aS,a means of obtaining
water from any public or private source,on terms agreeable with the
City.
7.The condi t ions contained·in th i s supplemental agreement
shall be binding upon the owners of the subject property and their Ileirs,
successors and assigns,and shall constitute a covenant running with
the land..
"::>'"'".I ~day of.DATED this
STATE OF WASHINGTON)
)ss
COUNTY OF SNOHOMISH)
OWN "'..,..0""-
August 1981 .
On this day personally appeared before me ROBERT S.JOHNSON andC't,,,"\'f'"'fY\.JOHNSON to me known to be the individuals
escr bed In and who executed the within and foregoing instrument,and
acknowledged that they signed the same as their free and voluntary act
and deed for the uses and purposes therein mentioned.
APPROVED:
THE CITY OF MARYSVILLE
By_·_
Angnst
GIVEN under my hand and official seal this
19 -lU...
\3 ~day of
Supplement to Water Application - 2