HomeMy WebLinkAboutR-1458 - Granting a variance to the sewer moratorium to connect a nonvested property to the City's sewer system and denying the request to waive the obligation~...;v
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CITY OF MARYSVILLE
Marysville,Washington
RESOLUTION NO.J'f')g-'
A RESOLUTION OF THE CITY OF MARYSVILLE GRANTING A VARIANCE
TO THE SEWER MORATORIUM TO CONNECT A NONVESTED PROPERTY TO
THE CITY'S SEWER SYSTEM AND DENYING THE REQUEST TO WAIVE THE
OBLIGATION TO EXTEND THE SEWER MAIN ACROSS THE FRONTAGE OF
THE DENNIS H.WITHEY PROPERTY.
WHEREAS,on August 13,1990 the city of Marysville enacted
Ordinance 1795 imposing a temporary ban on new connections to the
city's sewer system as a result of a capacity crisis at the
city's wastewater treatment facility;and
WHEREAS,Section 8 of said Ordinance provides for variances
from the ban in certain hardship cases;and
WHEREAS,Marysville Municipal Code (MMC)Chapter 14.03.300
requires that,"At the time of connection the property owner
shall be required to extend the main(s)for the full public or
private road frontage of the lot on which the structure to be
connected is located,including both frontages on a corner lot;"
and
WHEREAS,MMC 14.03.300 provides for a waiver from the sewer
frontage requirements;and
WHEREAS,DENNIS H.WITHEY applied for a variance for a
residence located at 4624 -88th Street N.E.,Marysville,
Washington,and a public hearing on said application was held by
the city Council on January 7,1991;and
WHEREAS,the City Council entered the following Findings of
Fact:
1.The septic system at the WITHEY property has failed and
is irreparable.A letter from the Snohomish Health District
dated January 4,1991 indicates that effluent is discharging on
the surface of the ground and is creating a health hazard.
2.The subject property is a corner lot bordering to the
north on 88th Street and to the west on 46th Place N.E.
3.A City sewer line crosses the northern frontage of the
property on 88th Street but does not cross the frontage of the
subject property on 46th Place N.E.
Resolution - 1
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4.
system,
organic
If the WITHEY property is connected to the City's sewer
no significant quantity of sewage and no significant
loading will be discharged into the system.
5.No material detriment will result to the public health
or welfare or to the environment.
6.No violation of the DOE Consent Order will result.
NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF MARYSVILLE,WASHINGTON AS FOLLOWS:
A variance to Ordinance 1795 is hereby granted to DENNIS H.
WITHEY allowing a sewer connection to the residence located at
4624 -88th Street N.E.,Marysville,Washington.This variance
is subject to the following conditions:
1.DENNIS H.WITHEY must comply with all requirements for
City sewer connections,including execution of an Annexation
Covenant.
2.This variance shall become void if the sewer connection
is not completed within six months of January 7,1991.
The variance from the requirement that the property owner
extend the sewer main for the full pUblic road frontage of the
lot on which the structure is to be connected,including both
frontages on a corner lot,is hereby denied.
Any party aggrieved by this Resolution shall have the 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.
///01 PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR THIS
~DAY OF JANUARY,1991.
CI~YSVILLE
By .h~
yor
Resolution - 2