HomeMy WebLinkAboutR-1427 - Granting a variance to the sewer moratorium for the plat of Parkview Estates..-1,-'.~~-"\-
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CIT Y 0 F MAR Y S V ILL E
Marysville,Washington
RESOLUTION NO.J 4-;)..7
A RESOLUTION OF THE CITY OF MARYSVILLE GRANTING A
VARIANCE TO THE SEWER MORATORIUM FOR THE PLAT OF
PARKVIEW ESTATES.
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,Centex Homes,Inc.applied for a variance for 79
connections in the Preliminary Plat of Parkview Estates and a
public hearing on said application was held by the city Council
on May 14,1990;and
WHEREAS,the city Council entered the following findings of
fact:
1.The former owner of Parkview Estates,Hillis Homes,
Inc.,participated in ULID No.7 which constructed sanitary sewer
mains along the frontage of the Preliminary Plat on 64th Street
N.E.,and along the proposed alignment of an internal street near
the eastern boundary of the Preliminary Plat.
2.As a result of ULID No.7,the Preliminary Plat has 52
vested sewer connections under Ordinance 1763.These connections
are located along the sewer mains described in paragraph 1 above.
3.Centex offers to divest the 52 connections referred to
in paragraph 2 above,and to replace the same with 52 new
connections in Division I which is located in the southwestern
corner of the Preliminary Plat.
4.
I several
Ecology.
A sewer trunk line was constructed within said Division
years ago and received approval from the Department of
5.The Preliminary Plat is a Planned Residential Develop-
ment.All of its divisions will be developed under the single
ownership of Centex.
6.The transfer of vested sewer connections from one
division of a project to another division of the same project,
all under single ownership,does not create any net impact on the
city's waste water treatment facility;moreover,it does not
create a negative precedent whereby vested sewer connections
Resolution - 1
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might become a commodity which could be bought or sold in the
marketplace between competing developers.
7.It is in the public interest to have the western
division of the Preliminary Plat developed first,if possible.
This will result in early construction of the proposed storm
drainage system and dedication of the proposed Allen Creek Park.
Such improvements should be completed before other divisions of
Parkview Estates are developed.
8.A hardship exists in this case which was not self-
generated.The alignment of the sewer main constructed by ULID
No. 7 over a decade ago was not under the control of the owner of
the Preliminary Plat and was not coordinated with the schedule
of plat development which is now in the pUblic interest.
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 Cent ex
Homes,Inc.allowing sewer connections for 52 lots in Division I
of the Preliminary Plat of Parkview Estates and allowing com-
pletion of a trunk sewer main to serve said 52 lots.As a
condition of this variance,the Preliminary Plat of Parkview
Estates is hereby divested of any other sewer connection rights
under the terms of Ordinance 1763,and all remaining divisions of
said Preliminary Plat shall abide by the terms of the moratorium.
This variance shall become void if the construction of the
sewer main and sewer connections referred to above are not
completed within six (6)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 twenty (20)days of the date of this resolution.
~ASSED BY THE CITY
3Q(t-...DAY OF ~
Resolution - 2
COUNCIL AND APPROVED BY THE MAYOR THIS
,1989.
CITY OF MARYSVILLE
____..)Mayor
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Attest:
Approved as to form:
Resolution - 3