HomeMy WebLinkAboutR-1416 - Granting a variance to the sewer moratorium for the Harvey Jubie propertyCIT Y 0 F MAR Y S V ILL E
Marysville,Washington
RESOLUTION NO.{~l'
A RESOLUTION OF THE CITY OF MARYSVILLE GRANTING A
VARIANCE TO THE SEWER MORATORIUM FOR THE HARVEY JUBIE
PROPERTY.
WHEREAS,on February 26,1990 the city of Marysville enacted
Ordinance 1763 imposing a temporary ban on new sewer connections
to the city's sewer system as the result of a capacity crisis;
and
WHEREAS,section 5 of Ordinance 1763 provides for variances
from the ban in certain unique cases;and
WHEREAS,Harvey Jubie applied for a variance for five
duplexes proposed to be built at 5208 64th Street N.E.,Marys-
ville,and a public hearing on said application was held by the
city council on April 2,1990;and
WHEREAS,the City council entered the following Findings of
Fact:
1.Building Permits for the five duplexes were issued
by the city on February 16,1990.The city charged Mr.
Jubie $7,125,inclUding impact fees for parks and road
improvements.
2.After obtaining the Building Permits Mr.Jubie
constructed five foundations for a cost of $15,000.These
were completed before the effective date of Ordinance 1763.
3.
because
of each
This project is not "vested"under Ordinance 1763
side sewers are not constructed to within 500 feet
foundation.
4.It is a unique circumstance for the city to have
issued building permits for a project before sewer exten-
sions were completed.
5.A unique hardship exists in this case which was
not self-generated.
6.
result if
system.
Resolution - 1
No significant generation of sewage effluent would
this property is connected to the city's sewer
~------------_._-
7.
or to the
connected
No material detriment to pUblic health and welfare
environment would result if this property is
to the city's sewer system.
NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF MARYSVILLE,WASHINGTON AS FOLLOWS:
A variance to Ordinance 1763 is hereby granted to Harvey
Jubie allowing sewer connections for five duplexes located at
5208 64th Street N.E.,Marysville.This variance shall become
void if the sewer connections are not completed within six months
of the date of this Resolution.
Any party aggrieved by this Resolution shall have a right to
file an Application for writ of Certiorari in Snohomish County
Superior Court;provided,that the Application must be filed and
served within 20 days of the date of this Resolution.
PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR THIS
q'tt--DAY OF Arc,.I '1990.
CITY OF MARYSVILLE
By /dr k.:t~or
Attest:
Approved as to form:
Qj.",1>\_&t;~t#--
Resolution - 2