HomeMy WebLinkAboutR-1501 - Denying without prejudice a variance to allow a water connection to property outside of RUSA for the Thomas Andrews property located Northeast of 45 R,.
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CITY OF MARYSVILLE
Marysville,Washington
RESOLUTION NO.ISO I
A RESOLUTION OF THE CITY OF MARYSVILLE DENYING,WITHOUT
PREJUDICE,A VARIANCE TO ALLOW A WATER CONNECTION TO
PROPERTY OUTSIDE OF RUSA FOR THE THOMAS ANDREWS
PROPERTY LOCATED NORTHEAST OF 45 ROAD,SOUTH OF THE
INTERSECTION OF 162ND STREET N.W.,ARLINGTON,
WASHINGTON.
WHEREAS,Thomas Andrews,the applicant,has applied for a
variance to allow for a water connection to the city water
system for property located outside of the city's Rural Utility
Service Area (RUSA);and
WHEREAS,a public hearing on the variance application was
originally scheduled for August 26,1991 and continued to
September 9,1991 in order for the applicant to provide informa-
tion verifying and documenting an existing health hazard;and
WHEREAS,on September 9,1991 the city Council entered the
following findings of fact:
1.The applicant failed to appear at the hearing scheduled
for September 9,1991 and did not otherwise provide information
verifying or documenting an existing health hazard.The appli-
cant was notified at the original hearing scheduled for August
26,1991 that the matter would be continued to September 9,1991
for purposes of receiving any information that might verify and
document an existing health hazard.
2.The applicant has 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.
3.The applicant has 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 owner to build on this property.
4.The Marysville City Council heard a similar request on
July 22,1991 and denied the request without prejudice.
5.There are existing water pressure problems on the 45
Road which would be exacerbated by allowing additional connec-
tions.
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 for the applicant's connection to the city water
system for property outside of the RUSA boundaries located
northeast of 45 Road,south of the intersection of 162nd Street
N.W.,Arlington,Washington,is hereby denied without prejudice.
The applicant may request reconsideration of this decision
for a period of six months from the date set forth below.
Any party aggrieved by this decision 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~y Council and APPROVED by the Mayor this
.l:S day of ~'1991.
CITY
MAYOR
Attest:
BY~~RK
Approved as to form:
BY/)~W-~
CITY ATTORNEY
RESOLUTION - 2