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HomeMy WebLinkAboutR-1452 - Denying a variance to the sewer moratorium for Marysville Lutheran Brethren ChurchCIT Y 0 F MAR Y S V ILL E Marysville,Washington RESOLUTION NO.(4~~ A RESOLUTION OF THE CITY OF MARYSVILLE DENYING A VARIANCE TO THE SEWER MORATORIUM FOR MARYSVILLE LUTHERAN BRETHREN CHURCH. WHEREAS,on August 13,1990 the City of Marysville enacted Ordinance 1795 imposing a temporary ban on new sewer connections to the city's sewer system as a result of a capacity crisis;and WHEREAS,section 8 of Ordinance 1795 provides for variances from the ban in certain unique hardship cases;and WHEREAS,Marysville Lutheran Brethren Church applied for a variance for property located at 9028 -51st Drive N.E.,Marys- ville,and a public hearing on said application was held by the City Council on November 5,1990;and WHEREAS,the City Council entered the following findings of fact: 1.The septic tank and drainfield serving the parsonage at Marysville Lutheran Brethren Church has been failing for approximately one year.It requires pumping every four months. 2.A sewer main abuts the subject property. 3.Allowing a connection of the parsonage to the city's sewer system would eliminate an existing health hazard. 4.No significant quantity of sewage and no significant organic loading would be discharged into the city's sewer system from the parsonage. 5.However,the City is prohibited by the DOE Consent Order from allowing any new connections to the city's sewer system,even under the circumstances of this case,while the influent readings at the City's wastewater treatment facility are in violation of the maximum monthly average BOD loading allowed by DOE.This prohibition also arises from section 2.1 of Ordinance 1795. 6.Influent at the City's wastewater treatment facility is currently in violation of the Consent Order limitations. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MARYSVILLE,WASHINGTON AS FOLLOWS: RESOLUTION - 1 '"-. The variance application of Marysville Lutheran Brethren Church for the parsonage located at 9028 -51st Drive N.E., Marysville,is hereby DENIED WITHOUT PREJUDICE to the right of reapplication at such time as the City is released from the ban in section 2.1 of Ordinance 1795. 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 twenty (20)days of the date of this resolution. PASSED by the City Council and APPROVED by the Mayor this -13 1 1,day of NOOJ<L"""'-b-e-I-",1990. CITY OF MARYSVILLE Attest: MAYOR Approved as to form: ByfJ·.Z(,tL,~. RESOLUTION - 2