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HomeMy WebLinkAboutR-1598 - Granting a Rusa variance for water and denying a Rusa variance for sewer for the property located West of I-5, North of 140th Street NE, East of the pn..',:.-; CIT Y 0 F MAR Y S V ILL E Marysville,Washington RESOLUTION NO./~~8 A RESOLUTION OF THE CITY OF MARYSVILLE GRANTING A RUSA VARIANCE FOR WATER AND DENYING A RUSA VARIANCE FOR SEWER FOR THE PROPERTY LOCATED WEST OF 1-5,NORTH OF 140TH STREET N.E.,EAST OF THE PLAT OF MOUNTAIN VIEW SHORES, AND SOUTH OF THE BURLINGTON-NORTHERN RAILROAD TRACKS FOR THE PROPOSED PLAT OF STIMSON ESTATES. WHEREAS,on October 12,1992 Kim Just,as agent for the owner,applied for a utility variance to provide 44 water and sewer connections to service the proposed Plat of stimson Estates for property located west of 1-5,north of 140th Street N.E., east of the Plat of Mountain View Shores,and south of the Burlington-Northern railroad tracks on property located outside of the city's RUSA boundaries;and WHEREAS,on December 7,1992 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 area defined by the City's Coordinated water System Plan. 2.The applicant's property lies outside of the city's RUSA boundary. 3.The property lies within close proximity of the Plat of Nina Lakes,which is served by Marysville water and sewer.Water and sewer were provided to Nina Lakes as a result of a RUSA variance granted by the city Council on April 22,1985.The Council's decision to grant a RUSA variance to the Nina Lakes property was based on a historical agreement dating back to 1969 between the City and the then-property owner,Mr.Hank Hopkins. The findings for the Nina Lakes variance are not appropriate for the purpose of granting a RUSA variance in this case. 4.The 1990 comprehensive sewer plan does not include the area in which this parcel is located. 5.Expansion of the RUSA boundary to include the SUbject parcel would require action by the Snohomish County Boundary Review Board. 6.The size of the parcels indicated in the proposed plat are adequate for on-site septic systems.However,the soils may not be conducive to such on-site sewage disposal. RESOLUTION - 1 Imsv/stimson.res f -.~,-.. 7.with respect to sewer,the above-referenced circumstances conflict with the four criteria outlined in the City's RUSA ordinance for the granting of a variance. 8.with respect to water,the above-referenced conditions do satisfy the four criteria referenced in the city's RUSA ordinance for the granting of a variance. 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 water is hereby granted.The variance for the applicant's connection to City sewer is hereby denied. 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. ~ASSED by ~he c~ty Council and APPROVED by the Mayor this/~day of 1~,199{;L . CITY OF MARYSVILLE MAYOR ATTEST: BY¥~-CITY CLERK Approved as to form: RESOLUTION - 2 Imsv/stimson.res