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HomeMy WebLinkAboutR-1757 - Granting a utility variance for Bayside Enterprises, Inc for property located at 3433 169th Place NE Arlington Washington,'f ....,'".' ,..I~ CITY OF MARYSVILLE Marysville,Washington RESOLUTION NO.1757 A RESOLUTION OF THE CITY OF MARYSVILLE GRANTING A UTILITY VARIANCE FOR BAYSIDE ENTERPRISES,INC.FOR PROPERTY LOCATED AT 3433 -169TH PLACE N.E., ARLINGTON,WASHINGTON. WHEREAS,BAYSIDE ENTERPRISES,INC.applied for a utility variance for one sewer and one water connection for property located 3433 -169th Place N.E.,Arlington,Washington;and WHEREAS,on October 2,1995 the City Council of the City of Marysville held a public meeting concerning the variance application and made the following findings: 1.The property is located outside of the Marysville city limits but within the RUSA boundary and the CWSP boundary. However,the property is in the overlapping area of the Arlington and Marysville IUGA. 2.The property is within the area petitioned for annexation to the city of Arlington,and the current owner is a signatory to the petition certified by Arlington on or about May 1,1995;and 3.Bayside is the lessee of certain real property situated in unincorporated Snohomish County,Washington,the legal description of which is attached hereto as Exhibit A.Umbra, Inc.is the owner of the real property described in Exhibit A; and 4.Bayside has applied for sewer and water utility connections to the City and the City has previously denied such application due in part to the fact that the applicant or its predecessor in interest has signed an annexation petition in favor of another jurisdiction.As a result,Bayside is unable to sign a binding annexation covenant in favor of the City of Marysville as required by MMC 14.32.040;and 5.Snohomish County issued a building permit for development of Bayside's property.Snohomish County has issued a building permit to Bayside without having an unexpired utility commitment letter from the City as required by law.As a result of said building permit Bayside commenced construction and development.Such circumstances constitute a unique circumstance and a hardship that does not exist with most other property owners in the same vicinity;and 6.Bayside acknowledges that the City owes no duty, contractual or otherwise,to supply sewer or water service to RESOLUTION -1 /wpf/mv/bayside.res I·-.~., ~ their property,and that this temporary connection agreement is extended solely as a result of the issuance of a building permit without the issuance of a utility commitment letter and in an effort to enable Bayside to commence operation of its business; and 7.Pursuant to Marysville Municipal Code Section 14.32.040(2),a property applying for utility connection must be suitable for ultimate annexation to the City.The owner of any property granted utility connections is required to sign a petition to annex the property to the City of Marysville or sign a covenant agreeing to petition for and/or consent to an annexation of the property immediately upon the same becoming contiguous to the City limits or upon it becoming included within a larger annexation proposal.In light of Bayside or Bayside's predecessor in interest having signed a petition to annex to another jurisdiction,and in light of the pending annexation, Bayside acknowledges that significant uncertainty exists as to whether Marysville will continue to supply utilities to Bayside's property in the future and whether Bayside can comply with MMC 14.32.040(2);and 8.The parties have agreed that in the event the property of Bayside is ultimately annexed to another jurisdiction,the City's responsibility to serve sewer and water utility could cease,as such annexation constitutes a breach of the annexation covenant to be signed by Bayside since the commitment to annex to Marysville could not be fulfilled by Bayside. 9.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. 10.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. 11. 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. 12.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 restaurant. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MARYSVILLE,WASHINGTON AS FOLLOWS: RESOLUTION - 2 /wpf/rnv/bayside.res ~.".-.~ !'•'-...~•~ 1.The applicant and/or owner of the subject property shall enter into an agreement for temporary utility services with the City which shall contain provisions specifying the following further conditions: a.Bayside shall execute an annexation covenant in favor of Marysville in the standard form presently used by the City. b.If the property owned by Bayside is annexed to another jurisdiction,or if Bayside is found to be in breach of its annexation covenant to Marysville,it is specifically understood and agreed that the City of Marysville reserves the right to disconnect the subject property from Marysville utilities immediately upon the expiration of this agreement. c.Bayside,on behalf of itself,its successors and assigns,hereby releases the City,its elected and appointed officials,employees and agents,from any and all claims, demands,causes of action or damages of any kind or description whatsoever,arising from this agreement,the enforcement thereof,the enforcement of the City's Utility Code,the disconnection of Bayside's property from City utilities,or the annexation of the subject property to another jurisdiction. d.This agreement shall be binding upon the parties, their heirs,successors and assigns,and shall be construed as a covenant running with the land described in Exhibit A attached hereto. e.Bayside shall be required to comply with all other terms and conditions of utility service as provided by City ordinance. f.This temporary connection shall be for a period of twelve (12)months only,commencing on the date set forth below and ending twelve (12)months thereafter. 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 this day of October,1995. CITY OF MARYSVILLE By {)t!JAfI fJb1t;14 RESOLUTION - 3 /wpf/mv/bayside.res ATTEST: BY~CITY CLERK Approved as to form: By;J~K.W¥ ITY ATTORNEY RESOLUTION - 4 /wpf/mv/bayside.res