HomeMy WebLinkAboutR-1444 - Denying a sewer moratorium variance for the Kotilainen short platCITY OF MARYSVILLE
Marysville,Washington
RESOLUTION NO.L!I:!I:!F
A RESOLUTION OF THE CITY OF MARYSVILLE DENYING A SEWER
MORATORIUM VARIANCE FOR THE KOTILAINEN SHORT PLAT.
WHEREAS,on August 13,1990 the city of Marysville enacted
Ordinance 1795 relating to a capacity crisis in the City's waste-
water treatment facility;and
WHEREAS,section 2.1 of Ordinance 1795 provides for a total
ban on new sewer connections at times when the City's wastewater
treatment facility is functioning below certain designated
criteria;and
WHEREAS,section 2.2 of Ordinance 1795 provides for a
temporary ban on new sewer connections throughout the term of
said Ordinance,except for certain properties which have vested
rights;and
WHEREAS,section 8 of said Ordinance provides for variances
from the ban in certain unique cases;and
WHEREAS,Erkki Kotilainen applied for a variance from the
provisions of said Ordinance,seeking a new sewer connection to
Lot 1 of Short Plat 89-015 (property located on the south side of
Armar Road east of 55th Avenue N.E.),and a public hearing on
said application was held by the city Council on September 4,
1990;and
WHEREAS,the City Council entered the following findings of
fact:
1.
ville on
occupied
in size.
Short Plat 89-015 was approved by
November 22,1989.It established
by a pre-existing house.Said lot
the City of Marys-
three lots.Lot 1 is
is 7,795 square feet
2.The Short Plat has two vested sewer connections because
of two sewer stubs at the road frontage which pre-existed the
city's first sewer moratorium ordinance (Ordinance 1763).Mr.
Kotilainen chose to use these two vested rights for the construc-
tion of new houses on Lots 2 and 3 of the Short Plat.He
intentionally decided not to use either of these vested rights
for Lot 1,believing that he could continue to service said lot
with an existing septic tank and drain field.
Resolution - 1
'<~'C".'
3.During construction of houses on Lots 2 and 3,it was
discovered that the drainfield for Lot 1 was located on Lot 3.
This drainfield has now been damaged beyond repair.
4.The continued occupancy of the old house on Lot 1 has
become a health hazard because of the damaged drainfield.The
house has now been vacated.
5.In the meantime,the City enacted sewer moratorium
Ordinance 1763 on February 25,1990 and sewer moratorium
Ordinance 1795 on August 13,1990.Lot 1 is not vested for a new
sewer connection under either of said ordinances.
6.This case fails to meet the variance criteria specified
in Section 8.1 of Ordinance 1795 because Mr.Kotilainen's
hardship is self-generated.He could and should have used one of
his vested sewer connections for the house on Lot 1,but
voluntarily chose not to do so.
7.During the total ban on new sewer connections imposed
by section 2.1 of Ordinance 1795,the City is particularly
strict in applying variance criteria because any new sewer
connection,for whatever reason,constitutes a violation of the
Consent Order which the City signed with the Washington State
Department of Ecology.This is a violation of paragraph 8.4 of
Ordinance 1795.
NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF MARYSVILLE,WASHINGTON AS FOLLOWS:
The variance application of Erkki Kotilainen seeking a new
sewer connection to Lot 1 of Short Plat 89-015 is hereby DENIED.
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 after the date of this Resolution.
~t?ASSED BX-THE CITY COUNCIL AND APPROVED BY THE MAYOR THIS--l.ti-"DAY OF ~L)ten-.he!:,1990 .•
CITY OF MARYSVILLE
Mayor
~Of)J-~~k
Resolution - 2
Approved as to form:ae 'e'c~City At~y
Resolution -3