HomeMy WebLinkAboutR-1790 - Granting a utility variance for J & D Builders for property located at 100th St and 67th Ave NE Marysville Washington"
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CITY OF MARYSVILLE
Marysville,Washington
RESOLUTION NO.j1QO
A RESOLUTION OF THE CITY OF MARYSVILLE GRANTING A UTILITY
VARIANCE FOR J &D BUILDERS FOR PROPERTY LOCATED AT lOaTH
STREETAND 67TH AVENUE N.E.,MARYSVILLE,WASHINGTON.
WHEREAS,pursuant to Resolution No.1621,the Marysville City
Council approved the variance request on May 3,1993;and
WHEREAS,under the terms of Resolution No.1621 the variance
lapsed;and
WHEREAS,on February 29,1996 J &D Builders,Inc.reapplied
for a utility variance for two (2)water hookups without sewer for
property located at lOath Street and 67th Avenue N.E.,Marysville,
Washington,on property located outside of the City's RUSA
boundaries;and
WHEREAS,on March 25,1996 the City Council
Marysville held a public meeting concerning
application and made the following findings:
of the City of
the variance
1.The applicant's property is within the area defined by
the City's Coordinated Water System Plan.
2.The applicant's property is outside of the City's RUSA
boundary.
3.There is an 8-inch water main which was installed in 1991
by the applicant to serve 14 lots at pilchuck Estates,and said
water main fronts the east side of Lots 1,2 and 3 and the west
side of Lot A.Resolution No.1488 allowed fourteen (14)
individual water connections for pilchuck Estates.
4.The applicant applied for a utility variance for five (5)
water connections which was approved in April 1993.The
applicant's utility variance expired in October 1993 with only two
of the five connections made.The applicant has revised the
configuration of the plat,reducing the total number of tracts to
four (4).They are now requesting water connections for the
remaining two (2).There is an 8-inch ductile iron water main
extending from lOath Street N.E.north to 103rd Street N.E.past
the proposed two lots.
5.As a result of the applicant's property being located
within the City's Coordinated Water System Plan,it will ultimately
be served utilities by the City of Marysville.
RESOLUTION - 1
/mv/jd,res
6.The applicant's request is consistent with the long range
water utility planning efforts of the City of Marysville.
7.The variance is limited to two (2)single-family
residences for the applicant's project.
8.The above circumstances constitute 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 authorization of the variance will not be materially
detrimental to the public interest,welfare or the environment.
11.The granting of the variance will not be inconsistent
with the long range plans of the City utility system,or jeopardize
utility availability for properties within the City limits.
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 City water
without sewer is hereby granted subject to the condition that the
variance shall be for two (2)single-family residences only for the
applicant's property.
2.The applicant must sign a no-protest agreement for the
formation of an LID in the area,and a covenant not to protest
annexation,and otherwise comply with all other requirements of
Chapter 14.32 of the Marysville Municipal Code.
3 .
granted
1996.
This variance shall become void if the water connections
herein are not completed within six (6)months of March 25,
4.Any party aggrieved by this resolution shall have the
right to file a land use petition pursuant to 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.
c;;.-b/)PASSED by the City Council and APPROVED by the Mayor this
o day of April,1996.
CITY OF MARYSVILLE
By {J;JtJM
RESOLUTION -2
Imv/jd.res
ATTEST:
CITY CLERK
Approved as to form:
BY./J~.~~
CITY ATTORNEY
RESOLUTION -3
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