HomeMy WebLinkAboutR-1461 - Granting a variance to the sewer moratorium for the Henry Osborn properties at 5206 and 5220 100th St. NE, Marysville WashingtonCITY OF MARYSVILLE
Marysville,Washington ~
RESOLUTION NO.~I i ~(
A RESOLUTION OF THE CITY OF MARYSVILLE GRANTING A VARIANCE
TO THE SEWER MORATORIUM FOR THE HENRY OSBORN PROPERTIES AT
5206 AND 5220 - 100TH STREET N.E.,MARYSVILLE,WASHINGTON.
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 the 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,HENRY OSBORN applied for a variance for residences
located at 5206 and 5220 -100th street N.E.,Marysville,
Washington;and
WHEREAS,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.On February 16,1989 and July 17,1989 the City
approved sewer plans for the subject properties,and the City
received a county right-of-way use permit.
2.The sewer construction job was not completed before
Ordinance 1763 came into effect in February,1990,because of
the wet spring and high water table.
3.The applicant applied for a variance before Marysville
City Council on August 6,1990.The City Council denied the
applicant's request without prejudice because the City's sewer
system was operating in excess of the limits of the DOE Consent
Order.
4.Mr.Osborn obtained building permits from Snohomish
County community Development on August 25,1989 for the SUbject
properties and proceeded with construction of the two dwellings.
The building permits will expire on February 25,1991 if the
buildings have not been inspected and finalized.
Resolution - 1
5.The project is not nvested lt under Ordinance 1763
because the applicant has not completed construction of the sewer
main across the sitets frontage.
6.A unique hardship exists relating to the subject
property in that building permits were issued,building inspec-
tions obtained,and construction finalized prior to completion of
the sewer improvements.
7.No significant generation of sewage would result if
this property is connected to the City's sewer system.
8.No material detriment will result to the public health
or welfare or the environment if this property is connected to
the cityts sewer system.
9.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 HENRY
OSBORN allowing a sewer connection to the residences located at
5206 and 5220 -loath Street N.E.,Marysville,Washington.This
variance is SUbject to the following conditions:
1.HENRY OSBORN must comply with all requirements for
City sewer connections.
2.This variance shall become void if the sewer connec-
tions are not completed within six months of January 7,1991.
3.No variance shall be granted to any lots within the
Plat of nOsborn Place lt other than those specifically referred to
herein.
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.
PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR THIS
14TH DAY OF JANUARY,1991.
Resolution - 2
~
I Attest:
Approved as to form:
c:;J~,(;~~
City Attorney
Resolution - 3