HomeMy WebLinkAboutR-1789 - Granting a utility variance for Gary D. Ball/John M. Robinett for property located at 2988 188th St. NE Arlington Washingtone-,
CITY OF MARYSVILLE
Marysville,Washington
RESOLUTION NO.{1ffJ
A RESOLUTION OF THE CITY OF MARYSVILLE GRANTING A UTILITY
VARIANCE FOR GARY D. BALL/JOHN M. ROBINETT FORPROPERTY LOCATED
AT 2988 -188TH STREET N.E.,ARLINGTON,WASHINGTON.
WHEREAS,on February 7,1996,Gary D.Ball/John M.Robinett
applied for a utility variance for three (3)water connections
without sewer for property located at 2988 -188th Street N.E.,
Arlington,Washington;and
WHEREAS,on March 25,1996 the City Council of the City of
Marysville held a public meeting to review the variance
application and to consider information provided by City staff,
the applicants,and any other interested parties,all of which is
incorporated by this reference;and
WHEREAS,on September 11,1995 the Marysville City Council
adopted Resolution No.1745,reaffirming the utility policy
contained in MMC Chapter 14.32,the Rural Utility Service Area
("RUSA")code which requires as a condition of utility service
that the property owner sign a covenant agreeing to annex to
Marysville in the future,and said resolution is incorporated by
this reference;and
WHEREAS,as a result of all of the information provided and
considered by the Marysville City Council,it makes the following
findings with respect to the variance application filed under
File No.UV 96-004:
1.The applicants'property is outside of the Marysville
city limits and was an area added by the Snohomish County
Boundary Review Board to the proposed annexation known as the
"Smokey Point Annexation."The Snohomish County Boundary Review
Board approved said annexation on December 5,1995;however,the
annexation is subject to a pending appeal in Snohomish County
Superior Court.
2.The property is outside the City's RUSA area and the
Critical Water Study Plan ("CWSP").
3.By letters dated February 12,1996 and February 29,
1996,the Seven Lakes Water Association and PUD NO.1 of
Snohomish County each respectively declined water service to the
subject property.
4.Public sewer is not presently available to the subject
property.
RESOLUTION - 1
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5.The Plat of Timber Park is presently extending an
eight-inch ductile iron water main at the southwest corner of the
applicants'property.The water main has not been installed yet.
6.As the applicants'property was added to the Smokey
Point Annexation area by the Boundary Review Board,the
applicants have not signed a petition to annex to Arlington.As
a result,the applicants are able to sign an annexation covenant
as required by MMC 14.32.040(2)unless the Smokey Point
Annexation becomes final.
7.There is one existing residence on the property and the
applicants are requesting to build two new single-family
residences.
8.MMC 14.32.040(9)applies to the applicants'request for
utilities.MMC 14.32.040(9)reads as follows:
"Utilities will not be granted where such service,and
the City's regulation thereof,would create a conflict
with another municipal jurisdiction or utility
district.Utilities will not be granted where the
annexation of the property would be legally impossible
because of conflicting jurisdictions."
9.In the event the Smokey Point Annexation becomes final,
annexation of the applicants'property to Marysville would be
legally impossible.However,at this time,since the Smokey
Point Annexation is not final,the applicants may meet the
requirements of MMC 14.32 so long as they can obtain a written
statement from the City of Arlington indicating that it is unable
to serve the subject property with water,and so long as it
consents to the City of Marysville doing so.
10.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.
11.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.
12.
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.
13.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 the utility connections are limited to
residential use.
RESOLUTION - 2
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,.
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 three
(3)water connections without sewer is hereby granted subject to
the following conditions:
a.The applicants must sign an annexation covenant in
favor of Marysville pursuant to MMC 14.32.040(2).
b.The applicants must provide a letter from the City
of Arlington indicating that it is unable to service the
subject property with water and indicating that it consents
to the City of Marysville doing so.
c.The applicants must meet all requirements of the
Marysville Municipal Code relating to covering the frontage
of the property with utility lines.
d.The applicants shall agree that in the event water
pressure becomes an issue in the future,it will be the
applicants'and/or the owner's sole responsibility to
install booster pumps or other required equipment to ensure
proper water pressure to the property.
2.Any party aggrieved by this resolution shall have the
right to file a land use petition under the Land Use Petition Act
in Snohomish County Superior Court;PROVIDED,that the
application must be filed and served on all necessary parties
within 21 days of the date of this Resolution.
~~PASSED by the City Council and APPROVED by the Mayor this
~~.day of April,1996.
By_~-=~----",~"""",,,,,,,,,----_
CITY OF MARYSVILLE
()@JA(j ttJAAiJ
ATTEST:
By ~1""ci¥yCLERK
Approved as to form:
By~t(.L.J~
CITY ATTORNEY
RESOLUTION - 3
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