HomeMy WebLinkAboutR-1609 - Granting a utility variance for the H.D. Fowler (Triway Industrial Park) property located Southwest of Marine Drive between Marine Drive and Ebey Slou·,"......~~).~
CIT Y 0 F MAR Y S V ILL E
Marysville,washington
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RESOLUTION NO./"0'1
A RESOLUTION OF THE CITY OF MARYSVILLE GRANTING A
UTILITY VARIANCE FOR THE H.D.FOWLER (TRIWAY INDUSTRIAL
PARK)PROPERTY LOCATED SOUTHWEST OF MARINE DRIVE,
BETWEEN MARINE DRIVE AND EBY SLOUGH,APPROXIMATELY ONE-
QUARTER MILE WEST OF THE CITY OF MARYSVILLE.
WHEREAS,in April,1986,First Interstate Bank,the
predecessor in interest to H.D.Fowler applied for a utility
variance for those properties located approximately 700 feet
southwest of Marine Drive,between Marine Drive and Eby Slough,
approximately one-quarter mile west of the City of Marysville;
and
WHEREAS,on January 9,1989 the City Council held a pUblic
hearing on the application of First Interstate Bank and found
that said application met the criteria for expansion of RUSA
boundaries;and
WHEREAS,on January 23,1989 the City Council approved
Resolution 1345 to expand the RUSA boundaries to include the
First Interstate Bank property;and
WHEREAS,during the City's sewer moratorium the original
applicant,First Interstate Bank,sold the property to Tideland
Corporation,which in turn sold said property to the current
owner,H.D.Fowler;and
WHEREAS,H.D.Fowler has applied to Snohomish County for
certain development permits,and as a condition of such permits,
the applicant must show the availability of utilities from the
City;and
WHEREAS,due to the lapse of time from the original variance
application and approval the city deemed it necessary and
appropriate to review the prior request;and
WHEREAS,on February 22,1993 the City Council held a pUblic
meeting to review the request for a utility variance from H.D.
Fowler to allow for utility connections outside the City's RUSA
boundary and made the following findings:
1.While the applicant's property is outside the area
defined by the City's rural utility service area and is not
included in the City's RUSA plan,the City,pursuant to MMC
14.32.060(d),has authority to grant va~iances to any provision
of its rural utility service area code.
RESOLUTION - 1
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2.The prov1s10n of utilities outside of RUSA in this case
shall be deemed a variance to the city's RUSA ordinance and shall
not be deemed as an amendment to the city's RUSA plan or RUSA
plan map.
3.This variance shall be restricted solely to the H.D.
Fowler property (tax lot 4-003,Lot 4,Tract 4),said property
being legally described in Exhibit A attached hereto and
incorporated by this reference.
4.utility services to said property shall be subject to
compliance with all provisions of Title 14 of the Marysville
Municipal Code,and the following restrictive covenants:
a.Only one city water and City sewer connection
shall be authorized for the property.This limitation may
be subject to future reconsideration by the city council
upon supplemental application by the property owner clearly
demonstrating the nature of proposed occupancies and the
projected demands of such occupancies on the utility system.
b.water usage on the property shall not exceed 1,500
gallons per day.Said limitation is subject to future
reconsideration upon supplemental application as stated in
sUbparagraph (a)above.
c.City utility services to the subject property
shall be used exclusively for land uses allowed in the
industrial park zone and/or the business park zone of the
Snohomish County Code.No retail uses shall be allowed
unless a variance is issued by the city Council in
accordance with the provisions of Section 14.32.060(d)of
the Marysville Municipal Code.
d.All utility services shall be SUbject to
termination,without liability to the City of Marysville,if
the Department of Interior and/or the Tulalip Tribes
hereafter revoke the City's right to utility easements on
Indian Trust property.
5.Resolution 1345 is hereby repealed in its entirety for
the reason that it is replaced by this resolution.
NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF MARYSVILLE,WASHINGTON,AS FOLLOWS:
RESOLUTION - 2
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~PASSED by the City Council and APPROVED by the Mayor this
~~.day of March,1993.
RESOLUTION - 3
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CITY OF MARYSVILLE
By auJlJ~
MAYOR
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--Snohomish County Assessor's Tax Parcel #293005-4-013-0003:
LEGAL DESCRIPTION:
LOT 4 OF ZA 881042 SP,AUDITOR'S FILE #9107080190,
SURVEY RECORDED #9107085004;BEING A PORTION OF THE
SOUTHEAST QUARTER OF SECTION 29,TOWNSHIP 30 NORTH,
RANGE 5 W.M.,NORTHEAST QUARTER OF SECTION 32.TO'N1;V.
SHIP 30 NORTH, RANGE 5 W.M.,SOUTHWEST QUARTER OF
SECTION 29,TOWNSHIP 30 NORTH, RANGE 5 W.M.
Shockey/Brent,Inc.Planning Consultants 1:"...""r;-tt \/1 /v ....._J'"I
100 Acre Woods
Building Permit
ATTACHMENT
LEGAL DESCRIPTION
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