HomeMy WebLinkAboutR-1763 - Granting a utility variance for Tulalip Tribes of Washington for property located between 19th Avenue and 27th Avenue NE Marysville Washington,
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CITY OF MARYSVILLE
Marysville,Washington
RESOLUTION No./7 (,5
A RESOLUTION OF THE CITY OF MARYSVILLE GRANTING A UTILITY VARIANCE
FOR TULALIP TRIBESOF WASHINGTON FOR PROPERTY LOCATED BETWEEN 19TH
AVENUE AND 27TH AVENUE N.E.,MARYSVILLE,WASHINGTON.
WHEREAS,on September 26,1995 Tulalip Tribes of Washington
applied for a utility variance for one (1)sewer connection without
water for property located between 19th Avenue and 27th Avenue N.E.,
across from Marysville West,Marysville,Washington;and
WHEREAS,on October 23,1995 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 the City limits,RUSA
boundary,CWSP and Urban Growth Boundary.
2.While City water is available within the immediate vicinity
of the applicant's property,the applicant has represented that it
has,through its own utility,water available.
3.The Tulalip Tribes are a sovereign nation.As such,the
requirement of MMC 14.32.040(2)relating to annexation or execution
of an annexation covenant should not be required in this case due to
the fact that many of the reasons for which annexation is generally
required do not apply to the Tribes.Jurisdictional and legal issues
relating to the Tribes that do not apply to non-tribal land justify
granting the variance from the annexation or annexation covenant
requirement.
4.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.
5.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.
6 .
enjoyment
by owners
The variance is necessary for the preservation and
of a substantial property right of the applicant possessed
of other properties in the same vicinity.
7.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 the Tribal Cultural Center.
RESOLUTION - 1
/mv/tulalip.res2
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 one (1)
sewer connection without water is hereby granted subject to the
following conditions:
a.This sewer variance and sewer connection shall be
subject to the negotiation and execution of a service contract
between the City of Marysville and Tulalip Tribes for the
establishment of a commercial rate that would not require
metering of wastewater discharge.No connection to the City's
sewer utility shall be allowed until such agreement is executed
by both parties.
b.This variance is subject to the applicant meeting all
other requirements of the City's utility code set forth in MMC
14.32,with the exception of the annexation or annexation
covenant requirement.
c.This variance is granted subject to the condition that
the sewer connection shall be strictly limited to the cultural
center use only,and shall be strictly limited to the building
which is presently proposed for said cultural center.Use of
the sewer connection for any other purpose than the Tribal
Cultural Center in the presently proposed building shall be
grounds for termination of sewer service and disconnection from
the City's utility system.
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 L3~
day of November,1995.
OF MARYSVILLE
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CITY
CITY CLERK
Approvea as to form:
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CITY ATTORNEY
RESOLUTION - 2
/rml/tulalip.res2