HomeMy WebLinkAboutR-1419 - Granting a variance to the sewer moratorium for an office building owned by George Pepelnjak----------------------------------------,
II
~..~
~
CIT Y 0 F MAR Y S V ILL E
Marysville,Washington
RESOLUTION NO.14/q
A RESOLUTION OF THE CITY OF MARYSVILLE GRANTING A
VARIANCE TO THE SEWER MORATORIUM FOR AN OFFICE BUILDING
OWNED BY GEORGE PEPELNJAK.
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,George Pepelnjak applied for a variance for an
office building located at 9031 State Avenue,Marysville,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.On September 15,1989 George Pepelnjak received a
Permit from the City for the demolition of a building
located at 9031 State Avenue.Said demolition was completed
immediately thereafter.
2.On October 23,1989 Mr.Pepelnjak received a
Permit from the City to move a duplex from Fifth and Delta
to 9031 State Avenue.
3.In December 1989 Mr.Pepelnjak received a Permit
from the city to construct a foundation for the duplex at
9031 State Avenue and to remodel the duplex into an office
building.Immediately thereafter the building was per-
manently placed on the property and covered over the septic
system drainfield which had pre-existed.
4.In early February 1990 Mr.Pepelnjak received
permission from the City to extend the public sewer 200 feet
to cover the frontage of the subject property.Work on the
sewer extension immediately commenced but was not completed
before the effective date of Ordinance 1763 because the
contractor ran into a utility pole thereby causing unan-
ticipated delay.
Resolution - 1
5.In reliance upon the permits issued by the city
Mr.Pepelnjak expended approximately $21,000 on this project
before the sewer moratorium went into effect on February 26,
1990.
6.It is a unique circumstance for the City to have
issued building permits for a project before sewer exten-
sions were completed.
7.A unique hardship exists in this case which was
not self-generated.
8.
result if
system.
9.
or to the
connected
No significant generation of sewage effluent would
this property is connected to the city's sewer
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 George
Pepelnjak allowing sewer connections for an office building
located at 9031 State Avenue,Marysville.This variance shall
become void if the sewer connection is 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~Y
~DAY OF '
COUNCIL AND APPROVED BY THE MAYOR THIS
,1990.
CITY OF
~~~~Clerk
r
Approved
city Att
Resolution - 2