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HomeMy WebLinkAboutR-1832 - Granting a utility variance for Allan Butler for property located at 58th Drive and 137th Place NE Marysville WaCITY OF MARYSVILLE Marysville,Washington RESOLUTION NO.18 3d- A RESOLUTION OF THE CITY OF MARYSVILLE GRANTING A UTILITY VARIANCE FOR ALAN BUTLER FOR PROPERTY LOCATED AT 58TH DRIVE AND 137TH PLACE N.E.,MARYSVILLE,WASHINGTON. WHEREAS,on September 24,1996 Alan Butler applied for a utility variance for one water connection and one sewer connection for property located outside of the RUSA boundary at 58th Drive and 137th 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 CWSP boundary but outside the RUSA and urban Growth Boundaries. 2.There is 8-inch ductile water main on 58th Drive N.E. to the cul-de-sac adjacent to the applicant's property.There is an 8-inch sewer main stub to the applicant's property between Lots 13 and 14 of Heritage on a ten-foot easement. 3.The service is for one single-family residence. 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 limits,so long as this utility connection is limited to use as a single-family residence. NOW,THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MARYSVILLE,WASHINGTON AS FOLLOWS: RESOLUTION - 1 /rrrv/butler.res 1.The applicant's request for a variance from the requirement that the property be within the City's RUSA boundary 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 proposed land use by the applicant be approved by the Snohomish County Planning and Development Services and that Snohomish County specifically not object to the City's service of utilities in this instance outside of the Urban Growth Boundary; c.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. o~PASSED by the City Council and APPROVED by the Mayor this 1 v~day of December,1996. ATTEST: BY~'~Y CLERK Approved as to form: By ~k·LJ-e.J} /CITY ATTORNEY RESOLUTION -2 Imv/butler.res CITY OF MARYSVILLE aMACI {0@ MAYOR