HomeMy WebLinkAboutR-1425 - Granting a variance to the sewer moratorium for the plat of Crystal Heights---;;..,
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CIT Y 0 F MAR Y S V ILL E
Marysville,Washington
RESOLUTION NO.I L;~s-
A RESOLUTION OF THE CITY OF MARYSVILLE GRANTING A VARIANCE
TO THE SEWER MORATORIUM FOR THE PLAT OF CRYSTAL HEIGHTS.
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 a result of a capacity
crisis;and
WHEREAS,Section 5 of Ordinance 1763 provides for variances
from the ban in certain unique cases;and
WHEREAS,W.T.Withers applied for a variance for 97 single-
family lots in the Preliminary Plat of crystal Heights,and a
public hearing on said application was held by the city Council
on April 9,1990;and
WHEREAS,the City Council entered the following Findings of
Fact:
1.
approval
lots.
The preliminary Plat of Crystal Heights received
from the City on June 5,1989 for 125 single-family
2.In reliance on said Preliminary Plat approval,the
owner constructed sewer lines in the plat roads with stubs to 97
of the lots before the effective date of the Sewer Moratorium.
3.There is a 1700-foot gap between the sewer main located
on 67th Avenue Northeast and the Plat of Crystal Heights.This
gap is in the area of the proposed plat of Meadowcreek.
4.The owner of the preliminary plat of Crystal Heights
and the owner of the proposed plat of Meadowcreek have agreed,
by contract,that Crystal Heights may proceed to build the sewer
main at its cost to fill in the "gap"across the Meadowcreek
property on the condition that Meadowcreek pay 50%of the cost
at such time,if ever,that it receives plat approval.The
location of the sewer line will coincide with the proposed street
layout in Meadowcreek.No sewer stubs will be installed,
however,because there is not certainty regarding the location of
the Meadowcreek lots.
Resolution - 1
5.In calculating the number of lots that would
potentially be vested under Ordinance 1763,the City included the
97 lots in the Plat of Crystal Heights referred to above.The
balance of the lots in Crystal Heights were not included.
6.It is a unique circumstance for the City to approve
the construction of sewer lines within a preliminary plat before
there is a connection between the nearest sewer main and the
boundary of the plat itself.
7.A hardship exists in this case that was not self-
generated.
8.No significant generation of sewage effluent would
result if this property is connected to the city sewer system,
except that already anticipated by the city at the time it passed
Ordinance 1763.
9.No material detriment to the pUblic health and welfare
or to the environment would result if this property is connected
to the City's sewer system.
10.This variance shall not be construed as conferring any
benefit on the proposed plat of Meadowcreek,and said plat shall
remain sUbject to the Sewer Moratorium.
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 W.T.
Withers allowing sewer connections for 97 lots in the preliminary
plat of Crystal Heights and allowing completion of the 1700-foot
"gap"in the sewer main construction from 67th Avenue Northeast.
Provided,that no stubs shall be constructed on the sewer main as
it passes through the proposed plat of Meadowcreek,and nothing
herein shall be construed as affecting the application of
Ordinance 1763 to the proposed plat of Meadowcreek.
This variance shall become void if the construction of the
sewer main,and the sewer connections to the 97 lots,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.
Resolution - 2
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THE CITY COUNCIL
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Attest:
Approved as to form:
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Resolution - 3
CITY OF MARYSVILLE
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