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HomeMy WebLinkAboutR-1722 - Granting a utility variance for the Washington State Patrol for property located at 2700 116th Street NE Marysville WashingtonCITY OF MARYSVILLE Marysville,Washington RESOLUTION NO./7J.;}- A RESOLUTION OF THE CITY OF MARYSVILLE GRANTING A UTILITY VARIANCE FORTHE WASHINGTON STATE PATROLFOR PROPERTY LOCATED AT 2700 -116th Street N.E.,MARYSVILLE,WASHINGTON. WHEREAS,on August 16,1994 the Washington State Patrol applied for a utility variance for one water connection without sewer for property located at 2700 -116th Street N.E., Marysville,Washington;and WHEREAS,on September 6,1994 and February 6,1995 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 outside the City's Rural Utility Service Area,CWSP and Interim Urban Growth Boundary. 2.The existing facility is presently being served by a well which does not provide satisfactory domestic water supply service to the location.Other wells in the vicinity of the applicant's property have failed.It has been shown that the WSP's existing well is high in particulate matter. 3.The applicant is a public entity which provides public safety services in the vicinity.The fact that the applicant provides critical police services makes it unique insofar as establishing a need for an adequate domestic water supply. 4.An engineering analysis has been provided which reflects that a connection to an existing 6-inch water line used by Boeing west of I-5 would be feasible. 5.By letter dated February 1,1995 from Boeing to the City,a copy of which is incorporated by this reference,Boeing has indicated its willingness to allow a connection to the subject 6-inch line subject to five conditions to be memorialized in an agreement between the Boeing Company and the WSP. 6.In light of the above-referenced findings,the authorization of the variance will not be materially detrimental to the public interest,welfare,or the environment. 7.The above-referenced findings reflect exception or extraordinary circumstances or conditions applying to the subject property that do not apply generally to other properties in the same vicinity. RESOLUTION - 1 /mv/wsp.rea ·X "fI 8. 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. 9.The granting of a variance in this case will not be inconsistent with the long-range plans of the City utility system or jeopardize utility availability for properties within the City limits,so long as this utility connection is limited to the current use,which is a domestic supply for the existing building operated by and for the Washington State Patrol. NOW,THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MARYSVILLE,WASHINGTON AS FOLLOWS: 1.The variance for the applicant's connection to City water without sewer is hereby granted subject to the following conditions: a.The variance shall be for the existing facility owned and operated by the Washington State Patrol and shall be limited for the existing domestic use only.In the event the facility is used for any other purpose,this variance and the subject water supply may be immediately terminated by the City. b.This variance shall be subject to the Washington State Patrol entering into an agreement with Boeing which contains each of the elements referenced in the February 1, 1995 letter from Boeing to the City.A copy of said agreement shall be provided to the Marysville Public Works Director before connection to the water utility. c.The applicant shall have connected to the City water utility within six (6)months of the date of this resolution. d.This variance shall be subject to the Washington State Patrol paying a monthly service charge of $10.00 which is to defray the City's expense in reading the separate water meter which shall be installed at the applicant's expense. 2.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 ;;"'7 day of r::.~",1995. CITY0~~SVIr.rE_By~i/'WfRAi1 RESOLUTION - 2 /rrrv/wsp.res this ~•4'._ '"'.",'P ATTEST: CITY CLERK Approved as to form: By /J~K.VJ-N CITY ATTORNEY RESOLUTION - 3 !rrrv/wsp.res