HomeMy WebLinkAboutR-1771 - Granting a utility variance for Gerald Berg for property located at 2204 140th St. NE Marysville WashingtonCITY OF MARYSVILLE
Marysville,Washington
RESOLUTION NO.L7 7/
A RESOLUTION OF THE CITY OF MARYSVILLE GRANTING A UTILITY
VARIANCE FOR GERALD BERG FOR PROPERTY LOCATED AT 2204 -140TH
STREET N.E.,MARYSVILLE,WASHINGTON.
WHEREAS,on October 30,1995 Gerald Berg applied for a
utility variance for a water connection without sewer for
property located outside of the RUSA boundary at 2204 -140th
Street N.E.,Marysville,Washington;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 located outside of the RUSA
boundary,CWSP and Urban Growth boundary.
2.A six-inch cast iron water main is located in 140th
Street which fronts the north side of the applicant's property.
Sewer is not available in the vicinity of applicant's property.
3.The applicant has an existing well on the property;
however,the Snohomish Health District conducted an on-site
evaluation of the water system and has determined that water can
no longer be withdrawn from the water source as the system
appeared to be an old sand point well less than 18 feet deep.It
is expected that the screens for the well have deteriorated to
the extent that sand is being allowed into the casing,clogging
the point.Water can no longer be withdrawn from the water
system.A letter dated October 12,1995 from the Snohomish
Health District was received by the Marysville Public Works
Department on october 13,1995 verifying that the well is no
longer functional.Said letter is incorporated by this
reference.
4.The Tulalip Tribes Utilities Authority has indicated by
letter dated October 2,1995 that it cannot provide sewer or
water service to the applicant's property.
5.In light of the fact that the applicant owns an
existing house and has exhausted his opportunities for utilities
from other purveyors,the City Council finds that the applicant
has shown a bona fide hardship and public health and safety
condition which requires consideration.
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6.The variance is for one single-family residence for the
applicant's entire parcel and is not for development purposes.
7.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.
8.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.
9 .
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.
10.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 single-family residence.
NOW,THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF MARYSVILLE,WASHINGTON AS FOLLOWS:
1.The variance for one water connection without sewer is
hereby granted subject to the condition that the variance shall
be for one single-family residence for the applicant's entire
property.This variance is also subject to the condition that
the applicant be solely responsible for the addition of any and
all equipment required to provide the necessary pressures for an
adequate water system.By applying for and accepting City water,
the applicant expressly understands and acknowledges that water
pressures in this vicinity may be inadequate and that it will be
the owner's sole responsibility to install a booster pump or
other appropriate equipment at his own expense.This variance is
also granted subject to the applicant meeting all requirements of
MMC 14.32.040,including the execution of a valid annexation
covenant.
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.
I~PASSED by the City Council and APPROVED by the Mayor thisIvdayofDecember,1995.
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BY~~
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ATTEST:
By¥l.~CITY CLERK
Approved as to form:
BY~k.~pd?
>CITY ATTORNEY
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