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HomeMy WebLinkAboutR-1571 - Granting a utility variance for the Brutus Associates property located at 15123 51st Avenue NE Marysville WashingtonCITY 01'MARYSVILLB xarysville,washington RBSOLUTION NO.I.~Z / A RESOLUTION OF THE CITY OF MARYSVILLE GRANTING A UTILITY VARIANCE FOR THE BRUTUS ASSOCIATES PROPERTY LOCATED AT 15123 - 51ST AVENUE N.E.,MARYSVILLE, WASHINGTON. WHEREAS,on July 17,1992 Brutus Associates applied for a utility variance for a water connection without sewer connection for property located outside of the City's RUSA area located at 15123 -51st Avenue N.E.,Marysville,Washington;and WHEREAS,on August 10,1992 the City of Marysville held a pUblic meeting concerning the variance application and made the following findings: 1.The property is located within the City of Marysville's designated service area under the North Snohomish County Coordinated Water System Plan (CWSP). 2.Under the CWSP the City has the following options: a.Approve the request and serve the property; b.Create a remote system,which is not practical in this case; c.Relinquish,either temporarily or permanently, this portion of the City's CWSP designated service area to an adjacent utility,either Snohomish County PUD or Arlington. 3.The city finds that based upon the circumstances of this case,it is in the applicant's and the city's best interests to approve the request and serve the property. 4.The variance request is for a single-family residence currently served by a well which is located two miles away from the residence.The water table has receded significantly and,as a result,the well is failing. 5.Based upon the above circumstances,there are exceptional or extraordinary circumstances or conditions applying to the subject property and to the intended use thereof that do not apply generally to other properties in the same vicinity. RESOLUTION - 1 Imville/brutus~res ~j "'-...''.•';rt. 10';.,(.,-- It.,".. 6. enjoyment possessed The variance is necessary for the preservation and of a substantial property right of the applicant by owners of other properties in the same vicinity. 7.The authorization of the variance will not be materially detrimental to the pUblic interest,welfare or the environment. 8.The granting of the variance will not be inconsistent with the long-range plans of the city utility system,or 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 is hereby GRANTED subject to the condition that the variance shall be for one single-family residence for the entire parcel owned by the applicant. 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 • .~jPASSED by the City council and APPROVED by the Mayor this 2Y~l'\day of August,1992. CITY OF MARYSVILLE By (lei W4iA MAYOR Attest:~ By .~~p "CITY CLERK Approved as to form: By /J~~.u.uLJ ~CITY ATTORNEY RESOLUTION -2 /rrN;lle/brutus.res