HomeMy WebLinkAboutR-1748 - Granting a utility variance for James Klein for property located at 17432 Smokey Point Boulevard Arlington WashingtonCITY OF MARYSVILLE
Marysville,Washington
RESOLUTION NO.17YS-
A RESOLUTION OF THE CITY OF MARYSVILLE GRANTING A UTILITY
VARIANCE FOR JAMES KLEIN FOR PROPERTY LOCATED AT 17432 SMOKEY
POINT BLVD,ARLINGTON,WASHINGTON.
WHEREAS,on July 14,1995 James Klein applied for a utility
variance for 59 water connections for property located 17432
Smokey Point Blvd.,Arlington,Washington;and
WHEREAS,on September 5,1995 the City Council of the City
of Marysville held a public meeting concerning the variance
application and made the following findings:
1.The subject property is outside of the City limits,
within the RUSA boundary and the Marysville CWSP.
2.The present source of water for the Smokey Point Mobile
Home Park is an extremely shallow dug well constructed into an
apparently unprotected aquifer.The proper sanitary control area
(typically 100-foot radius)does not exist.
3.Bacteriological results have confirmed that nitrate
levels in the water are above the maximum contaminant level.The
Department of Health has determined that the applicant's water
system is out of compliance with respect to water quality
standards.Said evidence is contained in letters dated July 31,
1995 and July 14,1995 from the Snohomish Health District and
State Department of Health,respectively.
4.The applicant has requested that it be entitled to
connect to City water without connecting to City sewer.The
Marysville Municipal Code specifically requires a connection to
both water and sewer.
5.Based upon the above findings,the request for
connections to the public water supply is justified based upon a
public health and safety issue.However,no justification has
been given for the applicant to receive a variance from the
requirement that the property ...be connected to the public
sewer system.
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 the
water utility without sewer is hereby denied.
RESOLUTION - 1
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2.The applicant's request for connection to public water
is authorized,subject to compliance with the City Code
requirement that it also be connected to the City's sanitary
sewer system.
3.The applicant shall be required to execute an
annexation covenant as required by City Code in favor of the
City.
4.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 this1/day of September,1995.
ATTEST:
Approved as to form:
CITY CLERK
CITY
By aJS~:f-_
By/J~k.W~
/CITY ATTORNEY
RESOLUTION - 2
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