HomeMy WebLinkAboutR-1773 - Granting a utility variance for J.B. Hayes for property located at 12019 47th Drive NE Marysville WashingtonCITY OF MARYSVILLE
Marysville,Washington
RESOLUTION NO.1773
A RESOLUTION OF THE CITY OF MARYSVILLE GRANTING A UTILITY
VARIANCE FOR J.B. HAYES FOR PROPERTY LOCATED AT 12019 -47TH
DRIVE N.E., MARYSVILLE, WASHINGTON.
WHEREAS,on November 16,1995 J.B.HAYES applied for a
utility variance for one water connection and a variance from the
utility code requirement for coverage of the frontage of his
property located at 12019 -47th Drive N.E.,Marysville,
Washington;and
WHEREAS,on December 11,1995 the City Council of the City
of Marysville held a public meeting concerning the variance
application and made the following findings:
1.The applicant alleges that he entered into a verbal
agreement with the City's water department in 1983 to provide an
easement across his property at 121st Place and 47th Drive N.E.
in exchange for six water hookups,one for his own lot and four
for four lots on 47th Drive N.E.and one for Lot 2 of Short Plat
J.B.Hayes.
2.Six water meters were subsequently installed by City
crews.However,for reasons that are unclear,one of the water
meters was taken out by a third party.
3.The applicant is in the process of selling Lot 2 of his
short plat and wishes to receive a water connection and seeks
enforcement of the alleged prior agreement not to cover his
frontage with utilities.The applicant asserts that extension of
the utilities along the frontage of his property will not serve a
public benefit,as there are no properties beyond his that would
utilize the utility lies.
4.The evidence showed that Lot 2 is of sufficient size
(approximately one acre)that it could be further divided in the
future.
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
property that do not apply generally to other properties in the
same vicinity.
RESOLUTION - 1
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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 single family residential.
NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF MARYSVILLE,WASHINGTON AS FOLLOWS:
1.The variance for one water connection and relief from
the frontage coverage requirements is hereby GRANTED subject to
the condition that in the event Lot 2 of the J.B.Hayes Short
Plat is further divided,the owner thereof shall be required to
comply with the City's requirement for coverage of the entire
frontage of said Lot 2 as a condition of receiving utilities.
This variance is also subject to the condition that the applicant
pay for the box,tee and meter for the installation of the water
service for Lot 2.
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
2nd day of January,1996.
CITY OF MARYSVILLE
ATTEST:
B~'~CITY CLERK
Approved as to form:
By A-u~/C.fA/.P-efJ
>CITY ATTORNEY
RESOLUTION - 2
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