HomeMy WebLinkAboutR-1433 - Denying an administrative appeal relating to the interpretation of the City's sewer moratorium as it applies to preliminary plat of Bayview Crest•
CITY OF MARYSVILLE
Marysville,Washington
RESOLUTION NO.1:r33
A RESOLUTION OF THE CITY OF MARYSVILLE DENYING AN
ADMINISTRATIVE APPEAL RELATING TO THE INTERPRETATION OF THE
CITY'S SEWER MORATORIUM AS IT APPLIES TO THE PRELIMINARY PLAT OF
BAYVIEW CREST.
WHEREAS,on February 26,1990 the city of Marysville enacted
Ordinance 1763 imposing a temporary ban on extensions of the
City's sewer system,and connections thereto,as the result of a
system-wide capacity crisis;and
WHEREAS,Section 4 of Ordinance 1763 provides for appeals of
administrative determinations regarding the interpretation of
said ordinance;and
WHEREAS,Canpaco Associates,Ltd.filed an appeal from an
administrative determination denying it the right to construct
dry sewer lines for the remaining 42 lots to be developed in the
Preliminary Plat of Bayview Crest,and a public hearing on said
appeal was held by the City Council on June 25,1990;and
WHEREAS,the city Council made the following Findings of
Fact:
1.The Preliminary Plat of Bayview Crest was approved by
the City on May 1,1989,allowing the development of 69 lots.
2.At the time of said preliminary approval,the city was
not aware of information which thereafter resulted in the
implementation of a sewer moratorium by the enactment of
Ordinance 1763 on February 26,1990.
3.Prior to the effective date of Ordinance 1763,sewer
lines were constructed to serve 27 of the lots within the Plat of
Bayview Crest.No sewer lines have been constructed for the
remaining 42 lots.
4.section 1 of Ordinance 1763
new sewer extensions or connections.
is defined as follows:
imposes a moratorium on all
The term "sewer extension"
Any pipe added or connected to the City's
sewerage system when said pipe is over 500
feet in length or over eight inches in
diameter.
Resolution - 1
0/'._,fl;,
Canpaco proposes a sewer extension which falls within this
definition.The fact that the sewer will be "dry"because it
will not be physically connected to the city's trunk line does
not exempt it from the Ordinance.
5.section 2(a)of Ordinance 1763 grants exemptions from
the moratorium for preliminary plats that have vested rights.
The term "vested rights"is defined as follows:
Preliminary plats • . .with sewer construc-
tion plans which have been approved by the
City and with sewer extensions actually
constructed across the frontage of the
lot(s),including stub-outs at each lot.
Provided,that in plats which are only
partially completed on the effective date,
only those lots with completed stub-outs
will have vested rights.
Pursuant to this definition,27 lots of Bayview Crest are vested,
but the remaining 42 lots are not vested.
NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF MARYSVILLE,WASHINGTON AS FOLLOWS:
The determination of City Staff that the rema1n1ng 42 lots
of the Preliminary Plat of Bayview Crest are affected by the
sewer moratorium enacted by Ordinance 1763 is hereby upheld,and
the appeal of Canpaco Associates,Ltd.is hereby denied.
Any party aggrieved by this resolution shall have a right to
file an Application for a 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
~>-,p DAY OF
BY THE CITY
:Ie..Iv
I
CITY OF
Resolution - 2
Attest:
Approved as to form:
-~t4ty1E~
Resolution - 3
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