HomeMy WebLinkAboutR-1035 - Denying a variance for sewer connections to a proposed residential development located outside of the city limitsc...."f'off;c.e ...
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CIT Y O-F MAR Y S V ILL E
'Marysville,Washington
RESOLUTION NO.I01~
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A RESOLUTION OF THE CITY OF MARYSVILLE DENYING A
VARIANCE "FOR SEWER CONNECTIONS TO A PROPOSED
RESIDENTIAL DEVELOPMENT LOCATED OUTSIDE OF THE
CITY LIMITS.
WHEREAS,KERR-BELMARK CONSTRUCTION COMPANY is the owner
of certain property known as the proposed Plat of Marysville East
located approximately 1300 feet east of Shultes Road on 132nd St.N.E.,
Marysville,Washington;and
WHEREAS,the development of said property proposes connec-
tion of 113 dwelling units to the City sewer utility;and
WHEREAS,the sUbject property is located outside of the
Utility Service Area of the City of Marysville;and
WHEREAS,pursuant to Section 14.14.185 of the Marysville
Municipal Code,utility services must be denied to a development of
this description unless a Variance is issued therefor;and
tVHEREAS,the owner of the subject property applied for a
Variance,and a pUblic meeting was held thereon on November 23,1981;
NOW,THEREFORE,
The City Council of the City of Marysville,Washington,
hereby enters the following Findings of Fact:
1.The sUbject property is located outside of the City's
duly adopted Utility Service Area.
2.The proposed development,with a density of 2.69 dwell-
ing units per acre,is inconsistent with the density limitations pro-
posed by the City and by Snohomish County in their respective Compre-
hensive Plans which are currently being revised.
3.The applicant had not obtained any vested rights to
sewer service prior to the exclusion of the sUbject property from the
Utility Service Area on April 13,1981.
Resolution -1
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4.The subject property is a considerable distance outside
of the City Limits of the City of Marysville,and there is no reason-
able expectation that the same will be proposed for annexation into
the City..
5.rTh~'s~wage treatment lagoon of the City is inadequate
to serve the needs of those properties already included within the
Utility Service Area.Even after a current expansion of the lagoon
is completed,this inadequacy will remain.It would be inconsistent
with the Yong-range plans of the Marysville utility System to increase
the facility-deficit to the extent requested by the applicant.
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6.No.other Variances of this magnitude nor in this area
have been granted by the City.
7.Literal enforcement of the City's Utility Code would
not cause practical difficulties or unnecessary hardship to the prop-
erty owner and would not deny the property owner all beneficial use
of his property.
8.There are no unique circumstances applicable to the
subject property which are not generally shared by other properties
in the vicinity.
9.To grant a Variance for sewer service to the sUbject
property would be detrimental to the public interest,welfare and
the environment.
Based upon the foregoing Findings of Fact,the City Council
of the City of Marysville,Washington,hereby RESOLVES as follows:
Pursuant to Section 14.14.185 of the Marysville Municipal
Code,the Variance application referred to above is hereby DENIED,and
City sewer utilities shall not be made available to the subject property.
PASSED by the City Council and APPROVED by the Mayor this
/'1-1-6 day of IJe<#MllL-t ,1981.
F MARYSVILLE
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MAYOR
Attest:
CLERK
Approved as to form:
Bye:
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