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HomeMy WebLinkAboutR-1559 - Granting a utility variance for Marysville School District No. 25 for property located at 2415 74th St. NE Marysville Wa subject to conditionsCIT Y 0 F MAR Y S V ILL E Marysville,Washington RESOLUTION NO.1~1 A RESOLUTION OF THE CITY OF MARYSVILLE GRANTING A UTILITY VARIANCE FOR MARYSVILLE SCHOOL DISTRICT NO.25 FOR PROPERTY LOCATED AT 2415 - 74TH STREET N.E.,MARYSVILLE, WASHINGTON,SUBJECT TO CONDITIONS. WHEREAS,on November 22,1991 Marysville School District No. 25 applied for a utility variance for connection to the city's water and sewer utility for the property located at 2415 -74th Street N.E.,Marysville,Washington;and WHEREAS,on April 6,1992 and June 22,1992,the Marysville city Council held a public meeting to consider the subject applications and receive both written and oral comments from the applicant and city staff;and WHEREAS,the City Council finds as follows: 1.The proposed school is scheduled for a conditional use permit hearing before the Snohomish County Hearing Examiner on July 7,1992.As a part of that hearing process,the applicant must provide information to the Hearing Examiner concerning availability of utilities. 2.There is an extreme overcrowding situation within the School District.The School District is currently utilizing 72 portable classrooms to attempt to accommodate the overcrowding situation.The overcrowding situation poses an extraordinary burden on the public school facilities. 3. students year. The proposed school will accommodate 500 to 550 and is scheduled to be completed for the 1994 school 4.A variance is necessary and appropriate to prevent an unreasonable hardship on the Marysville School District due to the above-referenced extreme overcrowding within the School District as stated by the School District's director of facilities,Ward Sales,at both the April 6,1992 and June 22, 1992 public meetings. 5.The lack of suitable building sites for public schools and the concurrent and extreme overcrowding within the public school system constitute not only exceptional and extraordinary circumstances warranting a variance,but also an emergency condition warranting immediate action and cooperation between public entities.These conditions do not apply generally to other properties in the same vicinity. RESOLUTION - 1 /msvl/schdist.res 6.The variance is necessary for the preservation and enjoyment of a substantial property right of the Marysville School District,particularly because a pUblic school facility would likely not be a viable project on the proposed site without the availability of sanitary sewer and/or public water. 7.The approval of the variance will not be materially detrimental to the pUblic interest,welfare,or the environment. Public schools are vital to the well being of the community,and the incremental discharge of this public facility will not consume an extraordinary amount of capacity in the city's wastewater treatment facility.Approval of the variance sUbject to the exclusive use of the sewer main by the pUblic school will further avoid consumption of an extraordinary amount of capacity in the city's wastewater treatment facility. 8.So long as additional connections are not allowed to the sewer line connecting this pUblic school to the City sewer system,the granting of the variance will not be inconsistent with the long range plans of the City utility system.The connection of this public facility will not jeopardize utility availability for properties within the City limits. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MARYSVILLE,WASHINGTON AS FOLLOWS: The variance for the applicant's connection to the city water and sewer system for the property located at 2415 -74th Street N.E.,Marysville,Washington,is hereby approved,sUbject to the following conditions: 1.This variance shall be subject to the ultimate acquisition and ownership of the sUbject property by the Marysville School District No. 25 and the approval of the conditional use permit by the Snohomish County Hearing Examiner for an elementary school. 2.The variance is approved subject to the condition that the connection to the City utility shall be for the use of a public school facility only. 3.The variance shall be subject to the applicant's agreement that the sewer main shall be constructed as a force main. 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 twenty (20)days of the date of this resolution. RESOLUTION - 2 /msvl/schd;st.res •,. PASSED by the city Council and APPROVED by the Mayor this <pt:4 day of July,1992. CITY OF MARYSVILLE ATTEST: ~~YCLERK Approved as to form: By JJ.~t(,(A/~ CITY ATTORNEY RESOLUTION - 3 Imsvl/schdist.res MAYOR