HomeMy WebLinkAboutR-1809 - Granting a utility variance for James and Judith Berger for property located at 5106 132nd St. NE Marysville Wa---._-----------------------------,
CITY OF MARYSVILLE
Marysville,Washington
RESOLUTION NO.I'ifO'l
A RESOLUTION OF THE CITY OF MAR,YSVILLE GRANTING A UTILITY
VARIANCE FOR JAMES AND JUDITH BERGER FOR PROPERTY LOCATED AT
5106 -132ND STREET N.E., MARYSVILLE,WASHINGTON.
WHEREAS,on June 4,1996 James and Judith Berger applied for
a utility variance for one (l)sewer connection for property
located at 5106 -132nd Street N.E.,Marysville,Washington;and
WHEREAS,on July 1,1996 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 one sewer connection and is
already served by City water.
2.The applicant applied for a utility variance on June 4,
1996 requesting a variance from MMC 14.03.300 relating to
coverage of both frontages of their corner lot.
3.The applicant requests the sewer connection due to a
failed septic system,or in the alternative,requests a variance
from connection to the public sewer system as required by MMC
14.01.050 (d).
4.Based upon a letter from the Snohomish Health District
dated June 5,1996,which is incorporated by this reference,the
Snohomish Health District will commit to issuing a permit for
installation of an on-site sewage system repair.
5.By letter dated May 31,1996 from the applicant,which
is incorporated by this reference,there is sufficient
justification for allowing the variance from MMC 14.01.050{d),
subject to conditions.
6.The applicant's property is within the City's RUSA
boundary,Urban Growth boundary,and CWSP boundary.
7.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.
8.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.
9.The variance is necessary for the preservation and
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enjoyment of a substantial property right of the applicant
possessed by owners of other properties in the same vicinity.
10.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.
NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF MARYSVILLE,WASHINGTON AS FOLLOWS:
1.The applicant's request for a variance from the
requirement that they connect to City sewer is hereby granted
subject to the following conditions:
a.That the applicant execute and submit an
annexation covenant to the City of Marysville per MMC
14.32.040.
b.That the applicant,their heirs,successors and
assigns agree that when the sewer main is extended along
132nd Street N.E.by private extension or formation of an
LID,they will pay the recovery fees or assessment fees.
c.That the applicant meet all other applicable
requirements of the Marysville 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 July,1996.
CITY OF MARYSVILLE
ATTEST:
BY~CITY CLERK
Approved as to form:
/)AwrJ:K.ftl Jd
J CITY ATTORNEY
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