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HomeMy WebLinkAboutR-1805 - Granting a utility variance for Kellogg Marsh Grange for property located at 100th Street NE and 67th Ave NE. Marysville WaCITY OF MARYSVILLE Marysville,Washington RESOLUTION NO./8'O~ A RESOLUTION OF THE CITY OF MARYSVILLE GRANTING A UTILITY VARIANCE FOR KELLOGG MARSH GRANGE FOR PROPERTY LOCATED AT 100TH STREET N.E. AND 67TH AVENUE N.E.,MARYSVILLE,WASHINGTON. WHEREAS,on April 15,1996 Kellogg Marsh Grange applied for a utility variance for one (1)water connection without sewer for property located at lOath Street N.E.and 67th 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.The applicant has requested a variance for water without sewer,a variance for service outside of the Urban Growth boundary and RUSA,and a variance from the requirement that it cover its frontage along 67th Avenue N.E. 2.The property is within the City's CWSP boundary,but outside the City's RUSA and Urban Growth boundaries. 3.There is a 24-inch ductile iron water main in lOath Street N.E.which fronts the applicant's property,and a 12-inch ductile iron water main on the west side of 67th Avenue N.E.from lOath Street to the south.Sanitary sewer is not available in the vicinity. 4.The applicant is presently r~ceiving water from the neighbor's well which has poor pressure and questionable quality. The applicant's property is used essentially for periodic meetings and church activities. 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 /mv/kellogg.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 a grange hall facility. 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 is hereby granted subject to the following conditions: a.That the applicant agree to participate in the future extension of the water main in 67th Avenue N.E.to cover the frontage requirement. b.That the applicant,through its duly authorized representative,execute an annexation covenant and otherwise comply with all other requirements of the Marysville utility code. c.That the applicant,prior to connection to the water utility,receive approval from Snohomish County,as the property is located outside of the City's Urban Growth boundary. 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 j t·~day of June,1996. ATTEST: By df-<~eX~ 'j)ep"~CITY CLERK Approved as to form: CITY OF MARYSVILLE ~if~ By~/C. " CJJ CITY ATTORNEY RESOLUTION - 2 /mv/kellogg.res