HomeMy WebLinkAboutR-1442 - Granting a variance to the sewer moratorium for a portion of the plat of Parkview Estates----_.._------------------------------,
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q CIT Y 0 F MAR Y S V ILL E
Marysville,Washington
RESOLUTION NO.l'i't:;).
A RESOLUTION OF THE CITY OF MARYSVILLE GRANTING A
VARIANCE TO THE SEWER MORATORIUM FOR A PORTION OF THE
PLAT OF PARKVIEW ESTATES.
WHEREAS,on August 13,1990 the City of Marysville enacted
Ordinance 1795 relating to a capacity crisis at the city's
wastewater treatment facility;and
WHEREAS,Section 2.1 of Ordinance 1795 provides for a total
ban on new sewer extensions and connections at times when the
City's wastewater treatment facility is functioning below certain
designated criteria;and
WHEREAS,Section 8 of said Ordinance provides for variances
from the ban in certain unique cases;and
WHEREAS,Centex Homes Corporation applied for a variance
relating to the extension of a sewer main across the frontage of
52 lots on the west side of the Preliminary Plat of Parkview
Estates,and a public hearing on said application was held by the
city Council on August 27,1990;and
WHEREAS,the City Council entered the following Findings of
Fact:
1.On May 28,1990 the city Council passed Resolution 1427
allowing Centex Homes Corporation the right to transfer 52 vested
sewer connections from the eastern division of the Preliminary
Plat of Parkview Estates to the western division of said Prelim-
inary Plat.The western division,however,had no roads con-
structed and no sewer mains installed at that time.Resolution
1427 stated that it would become void if construction of the
sewer main in the western division was not completed within six
months.
2.Pursuant to Resolution 1427 Centex began construction
of a sewer main extension in the western division,but was
stopped on or about August 15,1990 when the City implemented
Section 2.1 of Ordinance 1795 and imposed a total ban on all
sewer extensions because of influent violations at the wastewater
treatment facility.
3.The preliminary plat of Parkview Estates is the only
case in the City's utility Service Area where lots have vested
rights to sewer connections but do not yet have sewer mains
across their frontage.This unique circumstance is a result of
Resolution 1427.
RESOLUTION - 1
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4.By allowing centex to construct a sewer extension
across the frontages of the 52 lots in the western division of
the Preliminary Plat of Parkview Estates,the City is merely
placing centex in the same position as all other property owners
with vested rights.Although actual sewer connections to the 52
lots cannot occur until the moratorium is lifted,the lots are
ready for development immediately upon that event occurring.
5.Sewer extensions,with stub outs at each lot,are
already in existence in the eastern division of Parkview Estates.
However,Resolution 1427 divested said eastern division of the
right to connect to sewers and transferred the vested rights to
the western division instead.If Centex is now allowed to
construct sewer extensions in the western division it will merely
be replacing the extensions which it had already constructed in
the eastern division,and there will be no net increase.The
"no net increase"rule is an exception to the moratorium imposed
by section 2.1 of Ordinance 1795.
6.centex voluntarily offered to sign a covenant holding
the city harmless from any claims for costs or damages arising
from the construction of the sewer extension in the western
division,even if such sewer extension cannot be used for an
indefinite period of time during the City's sewer moratorium.
7.The variance criteria specified in Section 8 of
Ordinance 1795 have been met in this case.
NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF MARYSVILLE,WASHINGTON AS FOLLOWS:
A variance to Section 2.1 of Ordinance 1795 is hereby
GRANTED to Centex Homes Corporation allowing the construction of
sewer mains across the frontage of 52 lots in Division I of the
Preliminary Plat of Parkview Estates.This variance is sUbject
to the following conditions:
1.Centex Homes Corporation shall sign a covenant
agreeing to release the City of Marysville from any damages
arising from delayed utilization of the sewer extensions
referred to herein.
2.No building permits or sewer connections will be
allowed for the 52 lots affected by this variance until such
time as the moratorium imposed by Section 2.1 of Ordinance
1795 has been lifted.
3.This variance shall be automatically suspended if
the Washington State Department of Ecology imposes a
moratorium on the city's sewer system pursuant to the
Consent Order dated July 15,1990.
RESOLUTION - 2
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4.This variance shall expire if construction of the
sewer mains referred to herein 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.
PASSED by the city Council and APPROVED by the Mayor this
Ltfl.....dayof S~ataJ>'l "~,1990.
CITY OF MARYSVILLE
t:k Jh~-U MAYOR
Attest:
Approved as to form:
RESOLUTION - 3