HomeMy WebLinkAboutR-1473 - Granting a utility variance under Ordinance 1795CITY OF MARYSVILLE
Marysville,Washington
RESOLUTION NO.147".5
A RESOLUTION OF THE CITY OF MARYSVILLE GRANTING A
UTILITY VARIANCE UNDER ORDINANCE 1795.
WHEREAS,on August 13,1990 the city of Marysville enacted
Ordinance 1795,imposing a temporary ban on new sewer 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,SUSAN MORGAN applied for a variance to allow a
sewer hookUp to her residence located at 5201 -142nd Place N.E.
(Lot 61 of Heather Glen,Division 1).The applicant is also
requesting a variance from the requirement to extend utilities
across the property's frontage,and she is requesting access
through the neighboring property;and
WHEREAS,a public hearing on said application was held by
the city Council on March 25,1991;and
WHEREAS,the city Council entered the following Findings of
Fact:
1.A hookup to the City sewer of the residence located at
5201 ~142nd Place N.E.will eliminate an existing health hazard
caused by a failed septic system.The Snohomish County Health
District has inspected the property and certified that a drain-
field repair is not possible on the applicant's system.A letter
dated March 8,1991 from Michael Doner,R.S.,environmental
health specialist,confirming the status of the failed system is
incorporated by this reference.
2.No significant quantity of sewage will be discharged
into the city's sewer system,and no significant organic loading
will be discharged into the City's sewer system.
3.No material detriment will result to pUblic health or
welfare or to the environment.
4.No violation of the DOE Consent Order will result.
5.The homes along 142nd Place have been developed and
occupied,and it is not anticipated that utility extensions will
Resolution - 1
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be necessary for the surrounding residences at this time.The
connection,if granted,shall be a temporary connection because
of unique circumstances.Extending the sewer main along the
frontage of the property is not feasible because of insufficient
depth of existing mains.At such time as a ULID is formed,this
property will be included in the engineering design.
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 for the
property at 5201 -142nd Place N.E.on the following conditions:
1.The applicant must sign a nonprotest agreement to
participate in a ULID in the event of future utility extensions
along the property frontage.
2.The applicant must obtain a temporary sewer easement
from the neighboring property (the owner of Lot 62,Heather Glen,
Division 1)to allow connection to the existing sewer line.The
temporary easement must be obtained prior to the issuance of a
sewer connection permit by the utility department,and the
temporary easement must be reviewed and approved by the City
Attorney.
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
8th DAY OF APRIL,1991.
CITY OF
Mayor
~~.~crClerk
Ap~oved as to form:~
/V~K-t;>fll?L/
city Attorney
Resolution - 2