HomeMy WebLinkAboutR-1475 - Denying without prejudice a variance to the sewer moratorium for the Penny McIntosh propertyr :~'
CIT Y 0 F MAR Y S V ILL E
Marysville,Washington
RESOLUTION NO.Le.t?("
A RESOLUTION OF THE CITY OF MARYSVILLE DENYING,WITHOUT
PREJUDICE, A VARIANCE TO THE SEWER MORATORIUM FOR THE
PENNY McINTOSH 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,PENNY McINTOSH applied for a variance seeking to
allow a sewer hookup to Lot 2 of her short plat located south of
the residence at 8420 -47th Drive N.E.,Marysville,Washington;
and
WHEREAS,a public hearing concerning a previous application
for a variance was held by the city Council on January 28,1991
which resulted in denial without prejudice of said application
pursuant to Resolution No.1465,which is incorporated herein by
this reference;and
WHEREAS,a public hearing on the instant application was held
by the City Council on April 22,1991;and
WHEREAS,the City Council entered the following Findings of
Fact:
1.Since the denial without prejudice of Ms.McIntosh's
variance application on January 28,1991,the city has completed
a hearing before the Washington State Pollution Control Hearings
Board concerning the city's wastewater treatment facility.The
decision from the PCHB is expected near the end of Mayor beginning
of June,1991.The decision by the PCHB may result in changes to
the city's sewer moratorium that would enable Ms.McIntosh to
receive a sewer connection.
2.The conditional approval of Ms.McIntosh's short plat
application on file with Snohomish County will expire on May 23,
1991 if certain required conditions,including sewer availability,
have not been satisfied.
3.While no circumstances have changed since the prior
variance denial that would satisfy the variance requirements of
RESOLUTION
Section 8.1 of Ordinance 1795,a denial of the variance application
with prejudice at this time would not be just or appropriate.
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 PENNY McINTOSH,whose property is located at 8420 -
47th Drive N.E.,Marysville,Washington.
The city Attorney is directed to contact Snohomish County
Planning to clarify the status of the City's sewer moratorium and
pending decision before the PCHB and to request that an extension
of the expiration date of the conditional approval on the short
plat be granted.
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 6th
day of May,1991.
CITY OF MARYSVILLE
Mayor
Approved as to form:~kLJ--e0J
City Attorney
RESOLUTION