HomeMy WebLinkAboutR-1438 - Denying a sewer moratorium variance for property owned by Henry OsbornCIT Y 0 F MAR Y S V ILL E
Marysville,Washington
RESOLUTION NO.1~3?
A RESOLUTION OF THE CITY OF MARYSVILLE DENYING A SEWER
MORATORIUM VARIANCE FOR PROPERTY OWNED BY HENRY OSBORN.
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,Henry Osborn applied for a variance for two sewer
connections for houses he recently constructed on the south side
of 100th Street N.E.east of 51st Avenue N.E.;and
WHEREAS,a public hearing on said variance application was
held by the City Council on August 6,1990;and
WHEREAS,the City Council entered the following Findings of
Fact:
1.Mr.Osborn obtained approval of his sewer extension
plans along 100th Street N.E.on February 16,1989,and received
a County right-of-way use permit on July 17,1989.Thereafter
his project was stalled because of problems with his contractors
and problems with the high water table in the area.
2.Mr.Osborn's proposed plat of eight lots has not been
submitted to Snohomish County for approval.At the present time
he is seeking only two connections for the pre-existing lots on
his property.
3.Prior to the effective date of Ordinance 1763 Mr.
Osborn failed to construct a sewer main across the frontage of
his lots.Therefore the lots do not qualify for vested rights
under the ordinance.
4.There is no evidence of any unique hardship status
relating to the subject property.
5.There is no existing health hazard on the property
which would be eliminated by connection to City sewers.
6.The city's sewer system is presently in violation of
the criteria specified in the Consent Order dated May 29,1990.
No new connections should be allowed,particularly under variance
circumstances.
RESOLUTION - 1
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7.Ordinance 1763 will be superseded by a new ordinance on
August 13,1990.It would be in Mr.Osborn's best interests if
he tried to comply with the new ordinance rather than seek a
variance from Ordinance 1763.
NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF MARYSVILLE,WASHINGTON AS FOLLOWS:
The application of Henry Osborn for a variance from the
sewer moratorium imposed by Ordinance 1763 for two lots located
on the south side of 100th Street N.E.,east of 51st Avenue N.E.,
is hereby DENIED.This denial shall be without prejudice to Mr.
Osborn's right to reapply within the next six months for a
variance from the sewer moratorium ordinance then in effect
without the necessity of paying a new application fee.
Any party aggrieved by this resolution shall have a right to
file an application for Writ of certiorari in the 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~e city Council and APPROVED by the Mayor this
/3 day of U<~,1990.
CITY OF MARYSVILLE
By__----I'==-_...L<..l.="-""'~~E:'===
Attest:
Approved as to form:
RESOLUTION - 2