HomeMy WebLinkAboutR-1687 - Granting a variance from the requirements of MMC 14.05.020 (1) for Pacific Coast Feather Company located at 14524 40th Avenue NE Marysville WashingtonCITY OF MARYSVILLE
Marysville,Washington
RESOLUTION NO./c,n
A RESOLUTIONOFTHE CITY OF MARYSVILLE GRANTING A VARIANCE FROM
THE REQUIREMENTS OF MMF.;L4,p5.020(l)FOR PACIFIC COAST FEATHER
COMPANY LOCATED AT 1~-40TH AVENUE N.E.,MARYSVILLE,
WASHINGTON,TEMPORARILY AUTHORIZING AN INCREASE IN THE
MAXIMUM EFFLUENT DISCHARGE.
WHEREAS,on May 5,1994 Pacific Coast Feather Company
applied for a variance authorizing a temporary increase in the
maximum effluent discharge limits set forth in MMC 14.05.020(1);
and
WHEREAS,on May 23,1994 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 located with in the City's
Rural Utility Service Area and is presently being served by the
City's water and sewer utilities.The applicant has been an
existing utility customer of the City for several years.
2.The applicant has experienced an increased demand which
has necessitated a substantial investment in capital
improvements.The applicant has represented that said
improvements will cost approximately $1.5 million which will
enable it to increase its production capacity.
3.A portion of the capital improvements proposed by the
applicant is a recycling system that will provide a long-term
solution to its wastewater effluent demands on the City's
sewerage system.However,construction of the improvements will
require approximately 18 months,and in the interim,the
applicant has requested a temporary increase in the maximum
effluent discharged from its facility from 122,000 gallons per
day to 300,000 gallons per day.The temporary increase is
requested for the period of July 15,1994 through November 30,
1995.
4.The City has reviewed the existing sewer system
capacity in the trunkline and water system serving the
applicant's property.Said review has revealed that there is
sufficient capacity in the City's sewerage and water systems,on
a temporary basis,to accommodate the applicant's request.
5.The applicant's request constitutes a special hardship
in that it must make capital improvements to meet its customer
demand and at the same time must ultimately comply with the
discharge limitations set forth in Chapter 14.05 of the
RESOLUTION - 1
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Marysville Municipal Code.Such circumstances are unique and
temporary,and to disallow a temporary deviation from the
limitations set forth in MMC 14.05.020(1)would create practical
difficulties for the continued operation of the applicant's
business.
6.It is necessary and appropriate for the City and the
applicant to enter into an agreement setting forth the specific
terms and conditions upon which the City will allow a temporary
increase in the effluent discharge limits of the applicant's
facility.
NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF MARYSVILLE,WASHINGTON AS FOLLOWS:
A temporary variance for the applicant's deviation from the
effluent discharge limits set forth in MMC 14.05.020(1)is hereby
granted,subject to the following conditions:
1.The applicant and the City shall enter into an
agreement which shall be subject to the approval of the City
Council prior to any increase in the effluent discharge from the
applicant's facility which would cause it to exceed the limits of
MMC 14.05.020(1).Provisions of said agreement shall include,
but not necessarily be limited to,the following:
a.A surcharge for the effluent discharge which
exceeds the limits set forth in MMC 14.05.020(1).
b.A process for periodic inspection and reporting
reflecting the progress of the improvements to be
constructed by the applicant.
c.Proof that all necessary and required approvals
from other governmental agencies,including,but not limited
to,the State Department of Ecology,have or will be
obtained by the applicant.
d.Such other and further provisions as the City
deems appropriate to ensure ultimate compliance with the
City's current ordinances and proposed pretreatment
ordinance.
2.This variance shall be temporary in nature and shall
commence on July 15,1994 and shall terminate upon the completion
of the applicant's capital improvements,or November 30,1995,
whichever date is earlier.Upon the termination of this
variance,the applicant shall be in full compliance with the
requirements of MMC 14.05.020(1).
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
jmv/feather.res
"
LLPASSED by the City Council and APPROVED by the Mayor this
0~~day of June,1994.
CITY OF MARYSVILLE
ATTEST:
BY~'lu~CITY CLERK
Approved as to form:
By /J~;::.LJ..-«etl
>CITY ATTORNEY
RESOLUTION - 3
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