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HomeMy WebLinkAboutR-1804 - Granting a utility variance for Brad and Lynn Lewis for property located at 7006 61st Place NE Marysville Wa\. ) CITY OF MARYSVILLE Marysville,Washington RESOLUTION NO.{'go'! A RESOLUTION OF THE CITY OF MARYSVILLE GRANTING A UTILITY VARIANCE FORBRAD AND LYNN LEWIS FOR PROPERTY LOCATED AT 7006- 61ST PLACE N.E.,MARYSVILLE,WASHINGTON. WHEREAS,on May 6,1996 Brad and Lynn Lewis applied for a utility variance for one (1)sewer connection without water for property located at 7006 -61st Place 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.The on-site sewage disposal system has failed and otherwise does not meet current code requirements as per the letter of May 3,1996 from the Snohomish Health District.Given the relatively small lot size,steep slopes on the site,and ground water problems and terracing of the property,a repair of the existing on-site sewage disposal system meeting current code requirements would be difficult if not impossible. 2.Wetlands and adjacent properties will benefit by allowing the property to connect the public sewer system. 3.The adjacent property owner has granted an easement for the sewer extension.The applicant claims that extending sewer up 61st Place N.E.to cover his frontage would be cost prohibitive. 4.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. 5.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. 6 . 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. 7.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 this utility connection is limited to the current use,which is single-family residential. RESOLUTION -1 Irrrv/lewis.res 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 sewer is hereby granted subject to the following conditions: a.The applicant shall provide evidence that he has retained a recorded easement for extension of the sewer line from Dally Homes. b.The applicant shall sign an annexation covenant pursuant to MMC 14.32.040(2)and otherwise comply with all other provisions of the utility code. 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 //-"day of June,1996. CITY ~YSVILLE By ~d fJ2wf!l~-- ATTEST: c6~.r...:berLtlti CITY CLERK Approved as to form: By~[C6/~ -CITY TTORNEY RESOLUTION - 2 Imv/lewis.res