HomeMy WebLinkAboutR-1582 - Granting a utility variance for Dujardin Development Company for property located on the North side of 44th Street NE at 71st Avenue NE Marysville Was----------------------------
CIT Y 0 F MAR Y S V ILL E
Marysville,Washington
RESOLUTION No.1 rB"}...
A RESOLUTION OF THE CITY OF MARYSVILLE GRANTING A UTILITY
VARIANCE FOR DUJARDIN DEVELOPMENT FOR PROPERTY LOCATED
ON THE NORTH SIDE OF 44TH STREET N.E.AT 71ST AVENUE
N.E.,MARYSVILLE,WASHINGTON.
WHEREAS,on July 30,1992 Dujardin Development applied for a
utility variance for sewer connections without water connections
for property located on the north side of 44th Street N.E.at
71st Avenue N.E.for the proposed plat of Seaview Ridge for 42
single-family lots,which is filed under Snohomish County File
No.ZA9206069i and
WHEREAS,on September 14,1992,the city Council of the City
of Marysville held a pUblic meeting concerning the variance
application and made the following findings:
1.The applicant's property is within the city's RUSA
boundary.
2.The site is within the PUD water service boundary for
water service.
3.Sanitary sewers are being installed in the Plat of
Eastwood Hills,which is immediately north of the applicant's
site.The sanitary sewer system can be extended to serve the
proposed site sUbject to acquisition of an easement.
4.The applicant initiated a petition for annexation to
the city in early 1990.The original annexation area was
expanded at the request of the City Council to include
approximately 80 additional acres to the north and east of the
applicant's property.The larger annexation received city
Council approval but was sUbstantially reduced in size by the
Boundary Review Board.The applicant's property was in the area
excluded from the Boundary Review Board.The applicant has made
a good faith effort to annex to the City.
5.Pursuant to MMC 14.32.040(4),properties located
outside the City limits of Marysville seeking sewer service shall
also be required to connect to water service from the City.
variances from this requirement may be processed pursuant to MMC
14.01.040.
6.The City has also adopted an ordinance requ1r1ng any
property which is served City sewer and PUD water to be within
the Marysville city limits.However,the City's intent in
RESOLUTION - 1
/msv/dujardin.res
I
------~
adopting said ordinance was not to exclude those properties which
have made a good faith effort to annex into the City and by no
fault of their own,have failed to become annexed to the city.
The applicant's property is such a property.
7.The above circumstances constitute exceptional or
extraordinary circumstances or conditions applying to the subject
property that do not apply generally to other properties in the
same vicinity.
8.
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.
9.The authorization of the variance will not be
materially detrimental to the pUblic interest,welfare,or the
environment.
10.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 City sewer
without City water is hereby granted sUbject to the following
conditions:
1.The variance shall be for no greater than 42 single-
family residential lots.
2.
approval
File No.
This variance shall be subject to the preliminary plat
by Snohomish County of the applicant's proposal under
ZA9206069.
3.The applicant shall execute an agreement not to protest
any future petition annexing the sUbject property into the City
of Marysville.
4.Upon receipt of final plat approval by Snohomish
County,the applicant shall submit a petition for annexation of
the sUbject property to the city of Marysville.
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 20 days of the date of this resolution.
RESOLUTION - 2
Irnsvldujardin.res
p~PASSED by the City Council and APPROVED by the Mayor this
2&'day of Jef~I 1992.
CITY OF MARYSVILLE
ATTEST:
BY~~CITY CLERK
Approved as to form:
RESOLUTION - 3
/msv/dujardin.res
MAYOR