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HomeMy WebLinkAboutR-1770 - Granting a utility variance for R.L.D.S. Church located at 9629 67th Ave NE Marysville Washington" /-~ 1-(;)~0~ I-~ CITY OF MARYSVILLE Marysville,Washington RESOLUTION No./770 A RESOLUTION OF THE CITY OF MARYSVILLE GRANTING A UTILITY VARIANCE FOR R.L.D.S.CHURCH LOCATED AT 9629 -67TH AVENUE N.E., MARYSVILLE,WASHINGTON. WHEREAS,on October 30,1995 R.L.D.S.Church applied for a utility variance for one sewer and one water connection for property located at 9629 -67th Avenue N.E.,Marysville, Washington for property located outside of the City's RUSA boundary;and WHEREAS,on November 27,1995 the City Council of the City of Marysville held a public meeting concerning the variance application and made the following findings: 1.The applicant's property is outside of the City's RUSA boundary and Urban Growth boundary.However,the property is inside the City's CWSP boundary. 2.The southerly portion of the applicant's property is fronted by a 10-inch ductile iron water line,and the northerly portion is fronted by a 12-inch ductile iron water line,both of which are in 67th Avenue N.E.There is a 12-inch sanitary sewer PVC stub out of a manhole in 67th Avenue at about 96th Street N.E.(within 200 feet of the structure). 3.The applicant is converting a single-family residence into a church.The Snohomish Health District conducted an on- site inspection and determined that the existing well and septic would need to be abandoned,as they were not sufficient to serve the church facility.A copy of the Snohomish Health District's letter dated October 2,1995 verifies this fact and is hereby incorporated by this reference. 4.The variance is for one existing structure and shall be site specific for this structure only,and is not for development purposes.The utility connection shall not be extended to any other portions of 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 RESOLUTION - 1 /mv/rlds.res ·.. property that do not apply generally to other properties in the arne vicinity. 7 . 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 for a church. 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) water connection and one (1)sewer 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.The City staff may,but is not required to,grant administrative approval of a request not to cover the frontage of the applicant's property by extension of utility lines.In the event the applicant deems it necessary or appropriate to request a further variance,the City may waive the $50 application fee. 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. /I~P AS S ED by the City Council and APPROVED by the Mayor this day of December,1995. RESOLUTION - 2 /mv/rlds.res CITY By OF MARYSVILLE {k;j Le.£..,d:h..<la!~~·J __ ~.:l ATTEST: By~L.- CITY CLERK Approved as to form: By~k.CJd ?CITY ATTORNEY RESOLUTION - 3 /rrrv/r Lds .res