HomeMy WebLinkAboutR-1750 - Granting a utility variance for HKS Partnership for property located between the Burlington Northern Railroad on the West, I-5 on the East, Twin Lakes.-,
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CITY OF MARYSVILLE
Marysville,Washington
RESOLUTION NO./7SO
A RESOLUTION OF THE CITY OF MARYSVILLE GRANTING A UTILITY
VARIANCE FORHKS PARTNERSHIPFORPROPERTYLOCATED BETWEEN THE
BURLINGTON NORTHERN RAILROAD ON THE WEST,1-5 ON THE EAST,TWIN
LAKES PARK ON THE SOUTH,AND 172ND STREET N.E. ON THE NORTH,
MARYSVILLE,WASHINGTON.
WHEREAS,on December 12,1994 HKS Partnership applied for a
utility variance for water and sewer connections for 24 dwelling
units on parcel no.293105-0-022 and four dwelling units on
parcel no.293105-2-015 for property located between the
Burlington Northern Railroad on the west,1-5 on the east,Twin
Lakes Park on the South,and 172nd Street N.E.on the north,
Marysville,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 the City limits and the
City's RUSA boundary but within the CWSP.
2.Presently there exists an 8-inch water main on 169th
Street fronting the north side of the proposal and a 12-inch
gravity sewer line at 169th Street and 27th Avenue,at the
northeast corner of the property.
3.An issue concerning existing capacity for sewer has
been reviewed and it was determined that the existing system has
adequate capacity to serve this proposed development.However,
it was also recognized that there is a limited amount of capacity
over and above that planned to serve those properties that are
within ULID No.10.
4.Letters have been received from the City of Arlington,
Snohomish County PUD,and Seven Lakes concerning their inability
to serve utilities for the subject property.
5.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.
6.The above-referenced findings reflect exceptional or
extraordinary circumstances or conditions applying to the subject
property that do not apply generally to other properties in the
same vicinity.
RESOLUTION - 1
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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.
8.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 residential.
NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF MARYSVILLE,WASHINGTON AS FOLLOWS:
1.The variance for the applicant's request for 28 water
and sewer connections is hereby approved subject to the following
conditions ..
a.The applicant shall execute an annexation covenant
in favor of the City prior to connection to City utilities.
b.The applicant shall,prior to connection to City
utilities,pay to the City a recovery to ULID No.10 on a
pro rata basis for existing main charges.
2.Any and all prior resolutions which are inconsistent
with this resolution are hereby repealed.
3.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
II~day of September,1995.
CITY OF MARYSVILLE
ATTEST:
BY~~~~CITY CLERK
Approved as to form:
By j)/:fn'I-t"f/.uJJ
~CITY ATTORNEY
RESOLUTION - 2
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