HomeMy WebLinkAboutR-1439 - Denying an administrative appeal relating to the interpretation of the City's sewer moratorium as it applies to property owned by Edward Hayes,,..,~
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CIT Y 0 F MAR Y S V ILL E
Marysville,Washington
RESOLUTION NO./43 r
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 PROPERTY
OWNED BY EDWARD HAYES.
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 a 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,Edward Hayes filed an appeal from an administrative
determination denying him vested rights for a 200-unit RV park
which is proposed for property now known as the Marysville Marine
Industrial site on the south side of Ebey Slough;and
WHEREAS,a public hearing on said appeal was held by the
city council on August 6,1990;and
WHEREAS,the city Council made the following Findings of
Fact:
1.In 1989 Edward Hayes privately constructed a 4-inch
force sewer main under Ebey Slough for the purpose of connecting
the subject property to Marysville's sewer system.At that time
Mr.Hayes was considering several alternative uses for his
property,one of which was development of the same as an RV park.
2.Before the subject property may be developed as an RV
park it must obtain a Conditional Shoreline Development Permit
pursuant to section 19.31.050 of the Marysville Municipal Code.
No application for such a permit has yet been filed.
3.Mr.Larry Loeber of Prime Properties,Inc.is now
proposing to develop a 200-unit RV park on the Hayes property.
There would be sewer connections at each of the 200 pads.These
connections would flow into a network of private sewer lines
which would connect to a private pump station/collection well on
the property.Sewage would then discharge into the City's sewer
system.
4.It is argued that this proposal has vested rights under
either section 2(b)[Mobile Home Park),or section 2(c)(3)[A
parcel with a single commercial sewer connection)of Ordinance
1763.
RESOLUTION - 1
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5.These arguments for vesting,however,should not apply
to the proposed RV park.This park is the functional equivalent
of 200 separate sewer connections.In order to be vested under
Ordinance 1763 it must have had side sewers and stub-outs built
to each of the 200 pads prior to the effective date of the or-
dinance.construction of such an internal sewer network,
however,has not even commenced.
6.The Hayes property is vested for a single residential,
commercial or industrial sewer connection pursuant to section
2(c)(3).This would allow one recreational vehicle,not 200.
7.Under Section 3 of Ordinance 1763 the city cannot
schedule a public hearing on Mr.Hayes's Conditional Shoreline
Development Permit until he has first conducted SEPA review,and
either prepared an EIS or offered mitigation relating to the
city's sewer crisis which is acceptable to the city and DOE.No
such SEPA review has yet been commenced.
NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF MARYSVILLE,WASHINGTON AS FOLLOWS:
The determination of City staff that the Edward Hayes
property does not have vested rights under Ordinance 1763 for the
development of a 200-unit RV park is hereby upheld and the
administrative appeal filed by Mr.Hayes 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 twenty (20)days of the date of this resolution.
~ASSED by the City Council and APPROVED by the Mayor this
/3 day of a<pc<a.?tz ,1990.
CITY OF MARYSVILLE
Attest:
Approved as to form:
By r;y~'0 ~~;;-A-;;017
RESOLUTION - 2
By £lili~MAYOR
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