HomeMy WebLinkAboutR-1814 - Denying without prejudice a utility variance for James W. Cole and Raymond T. Dedonker for property located South of 172nd St. NE and East of Smokey P·.,.,;0•
CITY OF MARYSVILLE
Marysville,Washington
RESOLUTION NO.l8'lzt
A RESOLUTION OF THE CITY OF MARYSVILLE DENYING WITHOUT
PREJUDICE A UTILITY VARIANCE FOR JAMES W. COLE AND RAYMOND T.
DEDONKER FOR PROPERTY LOCATED SOUTH OF 172ND STREETN.E. AND
EAST OF SMOKEY POINT BOULEVARD, ARLINGTON,WASHINGTON.
WHEREAS,on June 28,1996 the applicants applied for ten
(10)water and ten (10)sewer connections for property located
outside of the Marysville city limits but within the RUSA
boundary,CWSP boundary and Urban Growth boundary;and
WHEREAS,the applicants'variance request is to allow said
connections without compliance with MMC 14.32.040(2)which
requires that a utility applicant either sign a petition for
annexation in favor of Marysville or sign a binding annexation
covenant agreeing to annex in the future;and
WHEREAS,on July 22,1996 the City Council of the City of
Marysville considered the request of the applicants and received
information from City staff and reviewed the recommendation of
the RUSA Committee,and as a result,made the following findings
and conclusions:
1.One of the two applicants signed a petition for
annexation of the subject property to the City of Arlington.
2.The applicants assert that they have a partnership
agreement that requires signatures of both partners on any legal
documents,including the annexation petition to Arlington.
3.The property is owned by the partners as tenants in
common.
4.No evidence of a written partnership agreement has been
provided to the City.
5.There are significant legal issues regarding whether
one partner to a partnership may bind the partnership property to
an annexation petition in favor of another city.There are also
significant legal issues as to whether one property owner who
owns land as a tenant in common can bind the property to an
annexation petition to another city.The resolution of these
issues has a direct bearing on whether the applicants can at this
time annex to Marysville or sign a valid annexation covenant in
favor of Marysville as required by MMC 14.32.040(2).
6.The resolution of the above-referenced legal issues are
beyond the jurisdiction of the City of Marysville and the
RESOLUTION - 1
/mv/cole.res
"..
Marysville City Council.Jurisdiction to resolve these issues
would properly be in Snohomish County Superior Court.
NOW,THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF MARYSVILLE,WASHINGTON AS FOLLOWS:
Based upon the above-referenced findings and conclusions,
the Marysville City Council hereby denies the applicants'
variance request without prejudice.In the event the applicants
can obtain a declaratory judgment which determines that the
signature on the annexation petition to Arlington is not binding
and that the applicants are able to sign a binding petition for
annexation to Marysville or a binding annexation covenant in
favor of Marysville,they may reapply to the City for
reconsideration of this decision without paying an additional
variance request fee if said request is made within twelve months
of the date of this resolution.
~PASSED by the City Council and APPROVED by the Mayor this
/.:2-"day of August,1996.
CITY OF MARYSVILLE
By-1JWAf)t;Jma
ATTEST:
BY~~CITY CLERK
Approved as to form:
B~I(.LJ~
CITY ATTORNEY
RESOLUTION - 2
/mv/cole.res