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Home My WebLink AboutR-1758 - Granting a utility variance for Karen Pursel/Vic Cox Jr. for property located at 16XX Smokey Point Boulevard, Arlington Washington;:,•,.• , ---------------------------------. CITY OF MARYSVILLE Marysville,Washington RESOLUTION NO.17sf A RESOLUTION OF THE CITY OF MARYSVILLE GRANTING A UTILITY VARIANCE FOR KAREN PURSELNIC COX,JR. FOR PROPERTYLOCATED AT 16XX SMOKEY POINT BOULEVARD, ARLINGTON,WASHINGTON. WHEREAS,KAREN PURSEL/VIC COX,JR.applied for a utility variance for one sewer and one water connection for property located 16XX Smokey Point Boulevard,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.Cox is the owner,contract purchaser or lessee of certain real property situated in unincorporated Snohomish County,Washington,the legal description of which is attached hereto as Exhibit A. 4.Cox has applied for sewer and water utility connections to the City and the City has previously denied such applications 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,Cox is unable to sign a binding annexation covenant in favor of the City of Marysville as required by MMC 14.32.040. 5.Snohomish County issued a building permit for development of Cox's property.Snohomish County has issued a building permit to Cox without having an unexpired utility commitment letter from the City as required by law.As a result of said building permit Cox 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. 6.Cox acknowledges that the City owes no duty, contractual or otherwise,to supply sewer or water service to their property,and that this temporary connection agreement is RESOLUTION - 1 /wpf/rrrv/cox.res 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 Cox to commence operation of its business. 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 Cox or Cox's predecessor in interest having signed a petition to annex to another jurisdiction,and in light of the pending annexation,Cox acknowledges that significant uncertainty exists as to whether Marysville will continue to supply utilities to Cox's property in the future and whether Cox can comply with MMC 14.32.040(2). 8.The parties have agreed that in the event the property of Cox 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 Cox since the commitment to annex to Marysville could not be fulfilled by Cox. 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 home center business. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MARYSVILLE,WASHINGTON AS FOLLOWS: 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: RESOLUTION - 2 /wpf/mv/cox.res .'l·'\_:i a.Cox shall execute an annexation covenant in favor of Marysville in the standard form presently used by the City. b.If the property owned by Cox is annexed to another jurisdiction,or if Cox 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.Cox,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 Cox'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.Cox 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.On or before the expiration of this agreement,Karen Pursel/Vic Cox,Jr.,may apply for a permanent connection if it is able to meet all provisions of the City's Utility Code (Chapter 14.32 of the Marysville Municipal Code). 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. 3 ~PASS E D by the City Council and APPROVED by the Mayor this ;;..day of October,1995. CITY OF MARYSVILLE By-iJ&i/U..L....,<b'"""'-J.'1A14"'1----__ RESOLUTION - 3 /wpf/mv/cox,res r--.,.'..",.,. . r ATTEST: BY~k=CITY CLERK Approved as to form: RESOLUTION - 4 /wpf/rnv/cox.res ~~,,,,' .,)•»:•.,-. ---------------------------------.., EXHIBIT A The North 1/3rd of the South half of the Southeast quarter of the Northeast quarter of Section 29, Township 31 North, Range 5 East,W,M"lying East of the East boundary of Primary State Highway No, I (SR 5) Deeded to the State of Washington by Deed recorded April 4, 1967, under Auditor's File No, 1945197; EXCEPT the East 30 feet thereof for County Road; AND EXCEPT portion conveyed to Snohomish County for road by instrument recorded under Snohomish County Recording No,9306150366; Situate in the County of Snohomish,State of Washington,