HomeMy WebLinkAboutR-1462 - Denying without prejudice a variance to the sewer moratorium for the Gateway Center Property,....-----------------------_._---------
CITY OF MARYSVILLE
Marysville,Washington
RESOLUTION NO./sic:k
A RESOLUTION OF THE CITY OF MARYSVILLE DENYING,WITHOUT
PREJUDICE, A VARIANCE TO THE SEWER MORATORIUM FOR THE
GATEWAY CENTRE 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 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,VINE STREET COMMERCIAL PARTNERSHIP applied for a
variance seeking to increase the vesting limit of 168 gallons per
day to 12,830 gallons per day and seeking a variance from the
number of sewer connections allowed by Ordinance 1795 for the
property located at 3704 -172nd 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.Ordinance 1795 establishes a vesting limit of 168
gallons of sewage per day and offers all properties within
established ULIDs the vested right to a single sewer connection
during the term of the sewer moratorium.
2.The 12,830 gallons of sewage per day that will be
generated by GATEWAY CENTRE would have a significant impact on
the City's wastewater treatment facility.
3.The GATEWAY CENTRE has an alternative means of dis-
posing of its sewage on a temporary basis,since it has approval
to build a septic system on an adjacent piece of property.
Therefore,no hardship exists.
4.
welfare
allowed
A material detriment will result to the public health,
and the environment if the subject property is presently
to connect to the City's sewer system.
Resolution - 1
/.....-:;~'.~.~~.
5.A new ordinance which will be introduced on January 14,
1991,if passed,may allow both vested and nonvested properties
on a prioritized basis,to connect to the city's sewer system
with their full volume of sewage as long as the City's wastewater
treatment facility is functioning within the criteria of the DOE
Consent Order.
NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF MARYSVILLE,WASHINGTON AS FOLLOWS:
A variance to Ordinance 1795 is hereby denied WITHOUT
PREJUDICE to the VINE STREET COMMERCIAL PARTNERSHIP,whose
property is located at 3704 -172nd Street N.E.,Marysville,
Washington.
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.
Attest:
~~~r:/J jCit;Clerk
Approved as to form:
LJ~cC0J
-city Attorney
Resolution - 2