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HomeMy WebLinkAboutR-1798 - Granting a utility variance for Clarence Valiquette for property located at 5108 133rd Place NE Marysville WACITY OF MARYSVILLE Marysville,Washington RESOLUTION NO.I7~~ /{;)Jt0~ I~G6-v>--~ /-~ A RESOLUTION OF THE CITY OF MARYSVILLE GRANTING A UTILITY VARIANCE FORCLARENCE VALIQUETTE FOR PROPERTY LOCATED AT 5108- 133RD PLACE N.E.,MARYSVILLE,WASHINGTON. WHEREAS,on April 9,1996 Clarence Valiquette applied for a utility variance from the City Code which requires connection to City sewer for properties within 200 feet of a sewer main for property located at 5108 -133rd Place N.E.,Marysville, Washington;and WHEREAS,on March 25,1996 the City Council of the City of Marysville approved a utility variance for a request for sewer on the condition that the applicant obtain a letter from the Snohomish County Health Department documenting the failure of his septic system;and WHEREAS,the applicant applied to the City on April 9,1996 to modify his original variance request dated March 15,1996 to allow for repair of his existing drainfield and septic design based upon a financial hardship in covering the frontages of both sides of the applicant's corner lot;and WHEREAS,on March 25,1996 and April 22,1996,the City Council heard testimony from the applicant documenting his financial hardship;and WHEREAS,on April 22,1996 the City Council held a public meeting concerning the variance application and made the following findings: 1.The applicant has provided adequate evidence documenting his financial hardship. 2.By letter dated March 26,1996 from the Snohomish Health District which is incorporated by this reference,the Snohomish Health District confirmed that the applicant's septic and drainfield could be repaired and that an on-site septic system would be more cost-effective for the applicant. 3.The above circumstances meet the variance criteria of MMC 14.01.050 (3). 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 water without sewer is hereby granted subject to the following conditions: RESOLUTION - 1 /mv/valiquette.res a.The applicant shall be required to sign an agreement which runs with the land committing that when the sewer main is extended along 133rd Place N.E.,either by private extension or formation of an LID or ULID,the applicant or his heirs,successors or assigns will pay the recovery fees or assessment fees for said extension. b.The applicant shall be required to execute a valid annexation covenant pursuant to MMC 14.32.040(2). 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. ~PASSED by the City Council and APPROVED by the Mayor this ~v~day of May,1996. CITY OF MARYSVILLE By {)aWJ tJL.W1 __ ATTEST:.--_.... CITY CLERK Approved as to form: By~/cwJ 6 CITY ATTORNEY RESOLUTION - 2 /mv/valiquette.res