HomeMy WebLinkAboutR-1489 - Denying without prejudice a variance under Marysville Municipal Code Section 14.32.060 for Barry and Diane Besancon at East of 45 Road, North of the i·
CITY OF MARYSVILLE
Marysville,Washington
RESOLUTION NO.!YfC!
A RESOLUTION OF THE CITY OF MARYSVILLE DENYING,WITHOUT
PREJUDICE,A VARIANCE UNDER MARYSVILLE MUNICIPAL CODE
SECTION 14.32.060 FOR BARRY AND DIANE BESANCON AT EAST
OF 45 ROAD,NORTH OF THE INTERSECTION OF 162ND STREET
N.W.,ARLINGTON,WASHINGTON.
WHEREAS,Marysville Municipal Code section 14.32.020
provides that the City shall not contract to provide or serve
water or sewer utilities to any properties located outside of the
City limits and outside of the adopted RUSA boundaries;and
WHEREAS,section 14.32.060 provides that the city Council is
authorized to issue variances from all provisions of MMC Chapter
14.32 upon a finding of all criteria listed in MMC 14.32.060(d);
and
WHEREAS,Barry and Diane Besancon applied for a variance for
the property located east of 45 Road,north of the intersection
of 162nd Street N.W.in Arlington,Washington,seeking a variance
to allow a water connection to property outside of RUSA;and
WHEREAS,a pUblic hearing on the variance application was
held by the city Council on July 22,1991;and
WHEREAS,the city Council entered the following findings of
fact:
1.The applicants have not demonstrated exceptional or
extraordinary circumstances or conditions applying to the sUbject
property or as to the intended use thereof that do not apply
generally to other properties in the same vicinity.
2.Information was presented which reflects that some
wells in the vicinity have experienced health hazards.The
existing home utilizing City water located south of the property,
16227 - 45 Road,was connected in July 1979 prior to the adop-
tion of the RUSA boundaries.The home to the north,16403 - 45
Road,was connected in December 1985 following approval of a
variance request by the city Council.However,the Council
determined that the variance was necessary to prevent a health
hazard and hardship to an existing home utilizing a well which
had become high in mineral content and residues.Similar
information has not been provided in this case.However,should
the applicants provide information documenting a health hazard,
the City Council may reconsider this variance request.
RESOLUTION - 1
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3.The applicants have not shown that the variance is
necessary for the preservation and enjoyment of their property.
No evidence has been submitted documenting the necessity of City
water to allow the owners to build on this property.
4.There are existing water pressure problems on the 45
Road which would be exacerbated by allowing additional connec-
tions.
NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF MARYSVILLE,WASHINGTON AS FOLLOWS:
A variance for the applicants'connection to the city water
system outside of the RUSA area is hereby denied without preju-
dice to Barry and Diane Besancon for the property located east of
45 Road,north of the intersection of 162nd Street N.W.,
Arlington,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 twenty (20)days of the date of this resolution.
PASSED by the city Council and APPROVED by the Mayor this
5th day of August,1991.
CITY OF MARYSVILLE
By ~!R~MAYOR
Attest:
~~-~,
By dTYCLERK
Approved as to form:
BY~/(GJ~
CITY ATTORNEY
RESOLUTION - 2