HomeMy WebLinkAboutR-1831 - Granting a utility variance for Shirley Perry for property located at 5207 142nd Place NE Marysville Wa/-C?~
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CITY OF MARYSVILLE
Marysville,Washington
RESOLUTION NO.1 83 I
A RESOLUTION OF THE CITY OF MARYSVILLE GRANTING A UTILITY
VARIANCE FORSHIRLEY PERRY FOR PROPERTY LOCATED AT 5207 -142ND
PLACE N.E.,MARYSVILLE,WASHINGTON.
WHEREAS,on October 1,1996 Shirley Perry applied for a
utility variance for a temporary sewer connection and a variance
from the coverage requirements of MMC Chapter 14.03.300 for
property located 5207 -142nd Place N.E.,Marysville,Washington;
and
WHEREAS,on October 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 property is within the City's RUSA boundary,the
Urban Growth Boundary,and the CWSP boundary.
2.The Snohomish Health District conducted a sanitary
survey of the on-site sewage disposal system on January 9,1996.
Their findings indicate that the soils are poorly drained and
subject to a seasonally high water table.Accordingly,the
Snohomish Health District has requested that the City provide
public sanitary sewer to the property.
3.The applicant would be required to extend the sanitary
sewer a considerable distance to cover the frontage of her lot
and has provided for an alternate proposal for connection by
obtaining easements from adjoining property owners over Lots 61
and 62.
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
RESOLUTION - 1
/mv/perry.res
limits,so long as this utility connection is limited to the
current use,which is a single-family residence.
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 she cover her frontage pursuant to MMC 14.03.300
and to provide for a temporary connection is hereby granted
subject to the following conditions:
a.The applicant execute and submit an annexation
covenant to the City of Marysville per MMC 14.32.040;
b.The applicant,her heirs,successors and assigns
agree that they will promise to participate in and agree not
to protest the formation of an LID or a ULID and will pay
their proportionate share for the construction of the sewer
line serving the area;
c.
obtained
and 62;
The applicant will provide proof that she has
the necessary easements from the owners of Lots 61
d.The applicant shall sign an agreement saving and
holding the City of Marysville,its officers,agents and
employees harmless from any claims or damages associated
with the temporary connection and construction or use of
lines across Lots 61 and 62.
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.
q ~PASSED by the City Council and APPROVED by the Mayor this
~day of December,1996.
AT~}~T:~
By/4 .~~
CITY CLERK
Approved as to form:
By~f"W~
CITY ATTORNEY
RESOLUTION - 2
Imv/perry.res
CITY OF MARYSVILLE
V@JW~
MAYOR