HomeMy WebLinkAboutR-1830 - Granting a utility variance for Dennis Westergreen for property located North of 4907 88th St. NE Marysville WaI,word
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CITY OF MARYSVILLE
Marysville,Washington
RESOLUTION NO./8'30
A RESOLUTION OF THE CITY OF MARYSVILLE GRANTING A UTILITY
VARIANCE FOR DENNIS WESTERGREEN FOR PROPERTY LOCATED NORTH OF
4907 -88TH STREET N.E.,MARYSVILLE,WASHINGTON.
WHEREAS,on August 15,1996 Dennis Westergreen applied for a
utility variance from covering his frontage pursuant to MMC
14.03.300 on 89th Place N.E.,Marysville,Washington;and
WHEREAS,on November 4,1996 the City Council of the City of
Marysville held a public meeting concerning the variance
application and made the following findings:
1.The applicant is proposing to extend the existing sewer
from the adjacent property.The proposed connection would
require an easement along the six-inch side sewer across Lot 3.
2.The existing sewer on 89th Place N.E.is located
approximately 300 feet west of the proposed panhandle at the
intersection of 89th Place N.E.and 48th Avenue N.E.
Construction of a sewer main within the existing street right of
way of 89th Place N.E.would be extremely expensive for one lot.
3.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.
4.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.
5.
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.
6.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 the utility connections are limited to the one
duplex.
NOW,THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF MARYSVILLE,WASHINGTON AS FOLLOWS:
1.The variance from MMC 14.03.300 is hereby granted
subject to the following conditions:
RESOLUTION - 1
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a.The applicant shall be required to show proof that
he has obtained an easement across Lot 3;
b.The applicant shall sign an agreement saving and
holding the City of Marysville,its officers,agents and
employees harmless from any claims resulting from
construction or operation of the sewer line across private
property including,but not limited to,claims relating to
backups or sewer line breaks between the City's main and the
applicant's property;
c.The applicant execute and submit an annexation
covenant to the City of Marysville per MMC 14.32.040.
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.
o+J PASSED by the City Council and APPROVED by the Mayor this
~day of December,1996.
CITY
MAYOR
ATTEST:
BY~'~~CITY CLERK
Approved as to form:
By~K.W£
•CITY ATTORNEY
RESOLUTION - 2
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