HomeMy WebLinkAboutR-1660 - Granting a utility variance subject to conditions for the Tony Flett property located at 4729 84th Street NE Marysville WashingtonCIT Y 0 F MAR Y S V ILL E
Marysville,Washington
RESOLUTION NO.Ire '0
A RESOLUTION OF THE CITY OF MARYSVILLE GRANTING A UTILITY
VARIANCE,SUBJECT TO CONDITIONS,FOR THE TONY FLETT
PROPERTY LOCATED AT 4729 - 84TH STREET N.E.,MARYSVILLE,
WASHINGTON.
WHEREAS,on August 3,1993,Tony Flett applied for a utility
variance pursuant to MMC 14.03.300 to connect to the city's water
and sewer utilities without extending them along both frontages
to his property (84th Street N.E.and 47th Drive N.E.);and
WHEREAS,the Marysville city Council denied the applicant's
connection to sewer without prejudice;and
WHEREAS,Tony Flett reapplied for said variance;and
WHEREAS,on December 6,1993,the Marysville City Council
held a pUblic meeting concerning the variance application and
made the following findings:
1.The construction of the sewer trunk in 84th Street N.E.
would be better accomplished by a single project rather than on a
lot-by-lot basis.Due to the depth of the extension and the high
ground water table in this area,the cost of installation will be
relatively high.
2.Since the time of the denial of the applicant's
variance,the Snohomish Health District has conducted an on-site
inspection of the existing septic and drainfield system on the
applicant's property and has stated by letter dated November 9,
1993,which is incorporated by this reference,that said system
does not meet Code requirements and is a potential health
problem.
3.The above constitutes evidence of a bona fide hardship
situation.
4.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.
5.
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.
6.The authorization of the variance will not be
materially detrimental to the public interest,welfare or the
environment.
7.The granting of the variance will not be inconsistent
with the long-range plans of the City utility system or
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jeopardize utility availability for properties within the City
limits,so long as the conditions listed below are complied with.
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
utilities without covering the frontage of both 84th Street N.E.
and 47th Drive N.E.is hereby granted subject to the following
conditions:
1.The applicant shall be required to meet all other City
Code requirements,including,but not limited to,all connection
fees,capital improvement fees,and permitting requirements.
2.Prior to connection to the City utility,the applicant
shall enter into an agreement to be recorded with the Snohomish
County Auditor obligating the applicant,his heirs,successors
and assigns to participate in any future extensions of the
utility,either pUblic or private,which would ultimately result
in both frontages of the applicant's property to be covered by
sewer and water.
3.The applicant shall,prior to connection to the city
utility,execute a covenant agreeing not to protest the formation
of a ULID in the future.
4.The connection to City utilities shall be for one
single-family residence for the applicant's entire property and
shall not be for development purposes.
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.
_~PASSED by the City Council and APPROVED by the Mayor this
~day of December,1993.
ATTEST:
BY~~,e CITY CLERK
Approved as to form:
By /J~{C ~..RP.d?
7 CITY ATTORNEY
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CITY ;9l MARYSVILLE
By fiaA/ltJmi4
MAYOR