HomeMy WebLinkAboutR-1765 - Granting a utility variance for Marysville First Assembly of God Church for property located at East of the 3200 Block of 140th St. NE Marysville WashCITY OF MARYSVILLE
Marysville,Washington
RESOLUTION NO./]ta5
A RESOLUTION OF THE CITY OF MARYSVILLE GRANTING A
UTILITY VARIANCE FOR MARYSVILLE FIRST ASSEMBLY OF GOD
CHURCH FOR PROPERTY LOCATED EAST OF THE 3200 BLOCK OF
140TH STREET N.E.,MARYSVILLE,WASHINGTON.
WHEREAS, on September 6, 1995 MARYSVILLE FIRST ASSEMBLY OF GOD
CHURCH applied for a utility variance for one (I)sewer connection and one (I)water
connection for property located East of the 3200 block of I40th Street N.E., 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:
I.The property is located outside of the City limits, the City's RUSA boundary, and
Urban Growth Boundary.However, it is within the CWSP.
2. A 12-inch water main is located in 140th Street N.E. and serves the Nina Lake
Community. A 15-inch gravity sewer line (trunk F) is located in 35th Avenue N.E. Boring
under 1-5and Burlington Northern Railroad would be required to serve this property.
3. Even though the applicant's property is outside the Urban Growth Boundary,
Marysville, prior to the Growth Management Act, installed both sewer and water utilities in the
vicinity of applicant's property. In light of this, the City deems it appropriate to condition
service of any utility on the approval of the proposed land use by Snohomish County, the agency
authorized to issue building and development permits.
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. The variance is necessary for the preservation and enjoyment of a substantial
property right of the applicant possessed by owners of other properties in the same vicinity.
7. The granting of a variance on 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 for a church and school facility.
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 and one (1)water connection is hereby granted
subject to the following conditions:
a.This variance is granted subject to the condition
that the applicant execute an annexation covenant in favor
of Marysville.
b.This variance is granted subject to Snohomish
County Planning and Community Development approving the
proposed land use by the applicant,and based upon Snohomish
County not objecting to the City's service of utilities in
this instance outside of the Urban Growth Boundary.
No connection to the City's utility system shall be made
until the above-referenced conditions are met to the satisfaction
of the City.
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
I~"~day of November,1995.
CITY OF MARYSVILLE
By flf/~
ATTEST:
Approved as to form:
By /J,A.vrVf Ie.w.-edJ
7 CITY ATTORNEY
RESOLUTION - 2
/mv/assembly.res2