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HomeMy WebLinkAboutR-1677 - Granting a utility variance for the Helmut and Margaret Bitto property located at 4826 89th Place NE Marysville Washington----------------------------------------------------------- CITY OF MARYSVILLE Marysville,Washington RESOLUTION NO.lie7? A RESOLUTION OF THE CITY OF MARYSVILLE GRANTING A UTILITY VARIANCE FOR THE HELMUT AND MARGARET BITTO PROPERTY LOCATED AT 4826 -89TH PLACE N.E., MARYSVILLE,WASHINGTON. WHEREAS,on March 17,1994 Helmut and Margaret Bitto applied for a sewer connection and a waiver from the frontage requirements of MMC 14.03.300 for a property located at 4826 - 89th Place N.E.,Marysville,Washington;and WHEREAS,on April 11,1994 the City Council of the City of Marysville held a public meeting concerning the variance application and made the following findings: 1.On March 9,1994 the applicant completed a utility commitment letter request which was approved on March 9,1994 by the Public Works Director. 2.An application was submitted for a variance on March 17,1994 for a waiver from the requirements of MMC 14.03.300. The applicant requested that the City waive the coverage of their frontage on 89th Place N.E. 3.The subject property is within the existing service area and is presently served by City water. 4.The applicant has submitted a letter dated March 17, 1994 from Hill's Septic Service reflecting that the applicant's septic and drainfield has failed. 5.There is an existing sanitary sewer in 48th Drive N.E. which fronts the west side of the applicant's property. 6.An 8-inch sewer main and manhole was installed off of trunk "A"at 89th Place N.E.for future extension to the east to serve Lots 13 through 25 which abut 89th Place N.E. 7.In light of the above-referenced findings and because there is an available existing sanitary sewer within approximately 13 feet of the applicant's south property line located in 48th Drive N.E.,and in light of the financial hardship attested to by the applicant at the public meeting,the City Council finds that the approval of the variance from MMC 14.03.300 is warranted,subject to conditions. NOW,THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MARYSVILLE,WASHINGTON AS FOLLOWS: RESOLUTION - 1 /r.n:v-/bitto.res The variance for the applicant's connection to City sewer without covering the frontage of 89th Place N.E.with sewer as required by MMC 14.03.300 is hereby waived subject to the following conditions: a.The variance shall be for one single-family residence for the property owned by the applicant. b.The applicant shall have connected to the City sewer utility within six (6)months of the date of this resolution. c.Prior to connection to the City sewer system,the applicant shall execute an agreement to participate in any future extensions of the sanitary sewer in 89th Place N.E.and shall agree not to protest the formation of a utility local improvement district or privately funded extension of said sewer. d.The applicant shall sign a covenant agreeing not to protest the annexation of their 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. _~~PASSED bY~~Cjty Council and APPROVED by the Mayor this ;,;..::,-,.day of --'..,.-----""'-1'f"fi.A....f<.='-'------'1994. CITY OF MARYSVILLE By ,(lC/t0M14 ATTEST: CLERK Approved as to form: Byj)~t.W~ )CITY ATTORNEY RESOLUTION - 2 /mv/bitto.res