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HomeMy WebLinkAboutR-1560 - Granting a utility variance to allow a water connection without sewer connection for the property owned by William L. Carle at 15309 51st Avenue NE MaCIT Y 0 F MAR Y S V ILL E Marysville,Washington RESOLUTION NO.jgO A RESOLUTION OF THE CITY OF MARYSVILLE GRANTING A UTILITY VARIANCE TO ALLOW A WATER CONNECTION WITHOUT SEWER CONNECTION FOR THE PROPERTY OWNED BY WILLIAM L.CARLE AT 15309 - 51ST AVENUE N.E.,MARYSVILLE,WASHINGTON. WHEREAS,on June 12,1992 William L.Carle applied for a utility variance for a water connection without sewer for the property located at 15309 -51st Avenue N.E.,Marysville, Washington;and WHEREAS,on June 22,1992 the Marysville city Council held a pUblic meeting to consider the subject application;and WHEREAS,as a result of the pUblic meeting the Marysville City Council finds as follows: 1.The Carle property is located outside of the Rural Utility Service Area and the city's designated Coordinated Water System Plan service area boundaries.However,the property does front on a water main located in 51st Avenue N.E. 2.The system previously serving the Carle residence,the Sunshine Water District,has failed.The applicant's only other alternative to Marysville water is to attempt to install a well. Other wells within the area of the applicant's residence have failed and subsequently have connected to city water. 3.Literal enforcement of the city Code requiring connection to both water and sewer and restricting connections within RUSA would cause practical difficulties and an unnecessary hardship on the applicant considering his property is adjacent to an existing city water main. 4.There are exceptional or extraordinary circumstances applying to the applicant's property,i.e.that the Sunshine Water District has failed.Such circumstances do not apply generally to other properties in the same vicinity. 5.The variance is necessary for the preservation and enjoyment of a substantial property right of the applicant possessed by owners of other properties in the same vicinity. The applicant has no other viable source of water given the fact that other wells in the vicinity have failed. 6.The authorization of the variance will not be materially detrimental to the pUblic interest,welfare,or the environment given the fact that the variance is for a single RESOLUTION - 1 Imsvl/carle.res ·...'",.i="•~ ...j •• residential connection in an area where other sources of potable water are not feasible. 7.The granting of the variance will not be inconsistent with the long range plans of the city utility system so long as the City of Arlington concurs with the service of the applicant's property,and the granting of the variance 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 system without city sewer is hereby granted for the property owned by William L.Carle at 15309 -51st Avenue N.E., Marysville,Washington,on the condition that the applicant receive a letter from the city of Arlington agreeing that the City of Marysville may serve the SUbject property with water. The variance shall also be granted on the express condition that the applicant comply with all other applicable city requirements concerning connections to the city water system. 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. PASSED by the city Council and APPROVED by the Mayor this day of July,1992. CITY OF MARYSVILLE By rlw/Wffi0 MAYOR ATTEST: By~~CITY CLERK Approved as to form: By ~;t.fA/.P<fl ;>CITY ATTORNEY RESOLUTION - 2 /msvl/carle.res