HomeMy WebLinkAboutR-1471 - Denying without prejudice an application for utility varince under Ordinance No. 1795-----------------------------------------------,
CITY OF MARYSVILLE
Marysville,Washinqton
RESOLUTION NO.Fl?!
A RESOLUTION OF THE CITY OF MARYSVILLE DENYING WITHOUT
PREJUDICE AN APPLICATION FOR UTILITY VARIANCE UNDER
ORDINANCE NO.1795.
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,CASCADE DEVELOPMENT,INC.applied for a variance
from the vesting requirements of Ordinance 1795;and
WHEREAS,a pUblic hearing on said application was held by
the city Council on March 11,1991;and
WHEREAS,the city Council entered the following Findings of
Fact:
1.Sewer construction plans were approved by the city
prior to Ordinance No.1763.Said plans were also approved by
the DOE prior to Ordinance No.1763.
2.The applicants were specifically advised by City Staff
that Ordinance No.1763 was pending and they would be unlikely to
finish construction of improvements in time to be vested.
3.On February 5,1991 a letter was written by DAVID
ZABELL,Public Works Director,to MERT GRIBBLE concerning the
sewer vesting status of the preliminary plat of CASCADE 51ST
AVENUE ADDITION.Said letter is incorporated by reference.
4.The applicant's request is not a unique hardship that
was not self-generated pursuant to section 8.1 of Ordinance 1795,
since each lot does not have a sewer stub-out installed at the
frontage to the property.
5.A new ordinance,or amendments to Ordinance 1795,if
passed,may allow nonvested property such as the applicant's to
connect to the City's sewer system in the future so long as the
City's wastewater treatment facility is functioning within the
criteria of the DOE Consent Order.
Resolution - 1
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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 applicant,CASCADE DEVELOPMENT,INC.,for the
preliminary plat of CASCADE 51ST AVENUE ADDITION.
Any party aggrieved by this Resolution shall have the right
to file an application for a 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
DAY OF MARCH,1991.
CITY OF
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Resolution - 2