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HomeMy WebLinkAboutR-1803 - Granting a utility variance for Howard Clark for property located at 7120 35th Ave NE Marysville WaCITY OF MARYSVILLE Marysville,Washington RESOLUTION NO.1~()3 A RESOLUTION OF THE CITY OF MARYSVILLE GRANTING A UTILITY VARIANCE FOR HOWARD CLARK FOR PROPERTY LOCATED AT 7120-35TH AVENUE N.E.,MARYSVILLE,WASHINGTON. WHEREAS,on April 24,1996 Howard Clark applied for a utility variance for one (1)water and one (1)sewer connection for property located at 7120 -35th Avenue N.E.,Marysville, Washington;and WHEREAS,on May 28,1996 the City Council of the City of Marysville held a public meeting concerning the variance application and made the following findings: 1.While the property is not within the City's RUSA boundary,the Urban Growth Boundary or the CWSP,there is an eight-inch water main north of the applicant's property approximately 90 feet in 35th Avenue N.E.There is a 10-inch PVC sewer main fronting the applicant's property on 35th Avenue N.E. 2.By letter dated May 6,1996,the Tulalip Utilities Authority indicated that it is unable to supply water or sewer to the location and authorized the City of Marysville to do so. 3.The City has previously provided water and sewer utilities in the vicinity.One example is the Sno-Isle Library. 4.As the subject property is outside of the Urban Growth Boundary,the applicant should seek approval by Snohomish County for the property to be serviced by the City. 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 or jeopardize utility availability for properties within the City RESOLUTION - 1 /mv/clark.res limits,so long as this utility connection is limited to the current use,which is single-family residential. OF MARYSVILLE (UuJmM CITY d\~;x~ \S.pJt1(CITY CLERK RESOLUTION -2 Imv/clark.res Approved as to form: By f)~K-{A<,,~ CIT ATTORNEY ATTEST: a.Prior to approval of the water and sewer connections,the applicant must receive the approval of Snohomish County,as the subject property is outside of the City's Urban Growth area. b.The applicant shall comply with all provisions of the City's utility code,including,but not limited to,MMC 14.32.040(2)which requires execution of an annexation covenant. -rDiPASSED by the City Council and APPROVED by the Mayor thisIt-'\day of June,1996. NOW,THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MARYSVILLE,WASHINGTON AS FOLLOWS: 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. 1.The variance for the applicant's connection to sewer and water is hereby granted subject to the following conditions: 1.\