HomeMy WebLinkAboutR-1457 - Granting a variance to the sewer moratorium for Harmony House,-------------------------------------
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CIT Y 0 F MAR Y S V ILL E
Marysville,Washington
RESOLUTION NO./<1';;'7
A RESOLUTION OF THE CITY OF MARYSVILLE GRANTING A
VARIANCE TO THE SEWER MORATORIUM FOR HARMONY HOUSE.
WHEREAS,on August 13,1990 the City of Marysville enacted
Ordinance 1795 relating to a capacity crisis in the City's
wastewater 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 or are otherwise exempt;and
WHEREAS,Section 5.4(b)of said ordinance provides for an
exemption for "public buildings and facilities necessary for
pUblic health,safety or welfare";and
WHEREAS,Family Counseling Service (Harmony House)has
appealed an administrative determination that its facility does
not fall within the pUblic buildings and facilities exemption;
and
WHEREAS,Section 7 of said ordinance provides for an appeal
from said administrative determinations;and
WHEREAS,a pUblic meeting on said appeal was held by the
City Council on January 7,1991;and
WHEREAS,the city Council entered the following findings of
fact:
1.While the Harmony House facility is a private,non-
profit organization,it is 100%funded by federal and state grant
funds.
2.The Harmony House is similar in nature to a pUblic
facility insofar as it is exempt from real property taxes.
3.The Harmony House property,by virtue of its being
required to perpetually retain non-profit ownership,and by
virtue of the fact that the ownership of the property is
prohibited from reverting to a for-profit facility,the facility
is similar to a public building.
RESOLUTION - 1
4.The Harmony House fulfills a legitimate pUblic health,
safety and welfare function.
NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF MARYSVILLE,WASHINGTON AS FOLLOWS:
The administrative determination that the Harmony House is
not a "public building and facility necessary for pUblic health,
safety,or welfare"is hereby reversed.
Based upon the specific findings above and the entire record
as presented to the City Council,the Harmony House shall be
deemed to constitute a "public building and facility necessary
for public health,safety,or welfare."
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 resolu-
tion.
Council and APPROVED by the Mayor this
,199f'-
bil1PASSED ~he city~day of me;;z
CITY OF MARYSVILLE
By A44iJ MAYOR
Attest:
B~~m
Approved as to form:
RESOLUTION - 2