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HomeMy WebLinkAboutR-1796 - Granting a utility variance for Gene Robertson for property located at 2722 169th Place NE Arlington Wa•i ._~ .;,...". CITY OF MARYSVILLE Marysville,Washington RESOLUTION NO./7 9k A RESOLUTION OF THE CITY OF MARYSVILLE GRANTING A UTILITY VARIANCE FOR GENE ROBERTSON FOR PROPERTY LOCATED AT 2722 - 169TH PLACE N.E., ARLINGTON,WASHINGTON. WHEREAS,on March 19,1996 Gene Robertson applied for a utility variance for two (2)water connections and two (2)sewer connections for property located at 2722 -169th Place N.E., Arlington,Washington (adjacent to west side of pending Arlington annexation);and WHEREAS,on April 22,1996 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,outside of the Smokey Point Annexation area,but within the CWSP boundary and within the City's Urban Growth boundary. 2. perc test Snohomish The applicant had a sanitation design performed and and design was shown to be unsatisfactory by the County Health Department. the 3.A 12-inch cast iron water main is in 160th Street N.E. which fronts the applicant's property.A 12-inch PVC sewer main is located in 169th Street N.E.and also fronts the applicant's property. 4.The applicant was not a signatory to the petition to annex the Smokey Point area to Arlington and therefore it appears that the applicant is able to execute a valid annexation covenant with the City of Marysville as required by MMC 14.32.040(2). 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. 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 RESOLUTION -1 Imv/robertson.res '. 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 two mobile home units. 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 Marysville water and sewer is hereby granted subject to the following conditions: a.That the applicant sign a valid annexation covenant in favor of the City pursuant to MMC 14.32.040; b.That the applicant comply with all applicable provisions of the City Utility Code including,but not limited to,payment of all utility main charges and other applicable fees. 2.This decision shall be final and conclusive with the right of appeal by any aggrieved party to the Superior Court of Snohomish County by filing a Land Use Petition pursuant to the Land Use Petition Act within twenty-one (21)days after the passage of this resolution. I~PASSED by the City Council and APPROVED by the Mayor this ~~~day of May,1996. C'TV ~YSV'LLS By ~uJ mP4 _ CITY CLERK Approved as to form: By~Ab-r>-!je-wJ .CITY ATTORNEY RESOLUTION - 2 /mv!robertson.res