HomeMy WebLinkAboutR-1482 - Granting a variance to the sewer moratorium and a variance under MMC 14.01.040 for the Wayne Anderton property at 5225 63rd Avenue NE Marysville WashiCITY OF MARYSVILLE
Marysville,Washington
RESOLUTION NO./4S;)
A RESOLUTION OF THE CITY OF MARYSVILLE GRANTING A
VARIANCE TO THE SEWER MORATORIUM AND A VARIANCE UNDER
MMC 14.01.040 FOR THE WAYNE ANDERTON PROPERTY AT 5225
63RD AVENUE 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 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,WAYNE ANDERTON applied for a variance for a
residence located at 5225 -63rd Avenue N.E.,Marysville,
Washington;and
WHEREAS,Section 14.01.040 of the Marysville Municipal Code
provides that the city Council is authorized to issue variances
that allow connections to sewer service without water service if
it is found that it would cause a practical difficulty to require
the extension of water service by reason of circumstances that
are unique to the applicant's property and not generally shared
by other properties in the vicinity;and
WHEREAS,a public hearing on the variance application was
held by the City Council on June 3,1991;and
WHEREAS,the city Council entered the following Findings of
Fact:
1.A City sewer hookup to the single-family residence
located at 5225 -63rd Avenue N.E.,Marysville,Washington 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 drainfield repair is not possible
on the applicant's system.
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 the pUblic health
or welfare or to the environment.
RESOLUTION
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4.No violation of the DOE Consent Order will result.
5.A unique circumstance exists that would warrant a
connection to the sewer system without water service because of a
practical difficulty in requiring the extension of water service
due to the fact that this property is presently served by the
Snohomish County PUD,and in light of the fact that negotiations
are presently pending concerning the ownership of the PUD water
lines.
6.The grant of this variance is intended solely to
alleviate the hardship condition which exists as a result of
applicant's failed sewer system and is in no way intended to set
a precedent with respect to the city providing sewer without also
requiring City water.The grant of this variance shall be
construed only as alleviating an emergency health condition which
has been found to exist on applicant's property only.
NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF MARYSVILLE,WASHINGTON,AS FOLLOWS:
A variance to Ordinance 1795 and Marysville Municipal Code
section 14.01.040 is hereby GRANTED to WAYNE ANDERTON,allowing a
sewer connection to the residence located at 5225 -63rd Avenue
N.E.,Marysville,Washington.This variance is sUbject to the
following conditions:
1.WAYNE ANDERTON must comply with all requirements for
sewer connections.
2.This variance shall become void if the sewer connection
is not completed within six months of June 3,1991.
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.
::test:.,Bq~~CI CLERK
Approved as to form:
By:.Abd/(0..eM2
CITY ATTORNEY
PASSED by the City Council and APPROVED by the Mayor
/0 day of June,1991-
CITY 1l.MAR~VILLE_
By .':£7J;T~
c::~YOR-
RESOLUTION
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