HomeMy WebLinkAboutR-1847 - Granting in part and denying in part utility variances for one water connection without sewer for Sun Sik Choi for property located at 11621 55th AveCITY OF MARYSVILLE
Marysville,Washington
RESOLUTION NO.18~7
A RESOLUTION OF THE CITY OF MARYSVILLE GRANTING IN PART AND
DENYING IN PART UTILITY VARIANCES FOR ONE WATER CONNECTION
WITHOUT SEWER FOR SUN SIK CHOI FOR PROPERTY LOCATED AT 11621
55TH AVENUE N.E., MARYSVILLE,WASHINGTON.
WHEREAS,on March 12,1997 Sun sik Choi applied for a
utility variance for one water connection without sewer for
property that is within the CWSP boundary but outside the City
limits,RUSA boundary and the City's Urban Growth Boundary;and
WHEREAS,at its meeting of April 28,1997 the Marysville
City Council considered the request of the applicant and
determined that there were three types of variances being
requested:
1.Water service without sewer outside of the City's RUSA.
2.A variance from coverage of the applicant frontage as
required by MMC 14.03.300.
3.Reduction or elimination of the connection fee based
upon the square footage of the building which is a barn
structure;and
WHEREAS,after having heard the report of City staff,
reviewing the written materials submitted relating to the
variance request,and having provided the applicant and his
representative to address the matter,the City Council makes the
following findings:
1.The property is within the CWSP but not within the City
limits,RUSA or the Urban Growth Boundary.
2.There is an 8-inch water main on 55th Avenue;however,
the main does not cover the applicant's frontage.The applicant
would need to extend the water main approximately 350 feet to
cover the frontage of his property on 55th Avenue N.E.as
required by MMC 14.03.300.
3.The Snohomish County Health District surveyed the
applicant's water system and found the water was not potable with
a nitrate nitrogen level of 21 mg/l,which is over twice the
maximum contaminant level.The Health District also found a
presence of coliform bacteria.
4.The applicant is requesting one water connection to
service a small portion of his barn-a 12x12-foot area which he
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uses to prepare food for his workers.The remainder of the barn
is used for storage.
5.The above-stated circumstances constitute a health
hazard which can be rectified by provision of public water
supply.
6.With respect to the variance for water without sewer
outside of RUSA,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.
7.With respect to the variance for water without sewer
outside of RUSA,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.
8.With respect to the variance for water without sewer
outside of RUSA,the variance is necessary for the preservation
and enjoyment of a substantial property right of the applicant
possessed by owners of other properties in the same vicinity.
9.With respect to the variance for water without sewer
outside of RUSA,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
the current use.
NOW,THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF MARYSVILLE,WASHINGTON AS FOLLOWS:
1.The applicant's request for one water connection
without sewer outside of the City's RUSA is hereby granted,
subject to the condition that the applicant sign an annexation
covenant in favor of the City and otherwise meet all other
utility code requirements and those conditions as further set
forth below.
2.The applicant's request for a variance from MMC
14.03.300 is hereby approved,subject to the applicant executing
an agreement to participate in and not protest the future water
main extension in 55th Avenue N.E.either through formation of a
ULID or recovery agreement.No connection to City water shall be
allowed until such agreement is executed and recorded with the
County Auditor.
3.The applicant's request for a variance from the
connection fee for the full square footage of his barn structure
is hereby denied.
4.This decision shall be final and conclusive with the
right of appeal by any aggrieved party to the Superior Court of
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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.
1 ~PAS S ED by the City Council and APPROVED by the Mayor this
~day of May,1997.
OF MARYSVILLE
OrMIJJ~
CITY
By__=""""""l-...L.I<""'-,"""''''"''''-I-_
ATTEST:
BY~~CLERK
Approved as to form:
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,...MVC.M
P;iled for Record at the Request of:
CITY OF MARYSVILLE
~822 Grove Street
~ry8ville,WA 98270
COVENANT FOR CONNECTION TO MARYSVll..LE UI1LITY SYSTEM,
AND P,OWER OF ATIORNEY,AND AGREEMENT NOTTO PROTEST
FORMATION OF LOCAL IMPROVEMENT DlSI'RICT ANDrOR TO,
PARTICIPATE BY PRIVATE RECOVERY AGREEMENT
Legal Description.See attached Add'l on p.4
Aaao88or'8 Tax Parcel ID#:103005-2-031-0006
THIS AGREEMENT is entered into this -2L day of
July
a municipal corporation of the State of Washington,and SUN
SIK CHOI,hereinafter referred to as wDeveloper";
WiITNESSB'1'II :
W!iEREAS,Developer is the owner of the following
described reel property situated within the City'S utility
~ervice area and/or located within the City of Marysville,
dQuntY'of Snohomish,State of Washington:,.
SEE r:.mJ:BJ:T A
. .
•(the address of said property being as follows:
11621 -55th Avenue NE,Marysville,WA.
WHEREAS,Developer has requested and received a variance
to the·requirements of MMC 14.03.300 which requires that all
applicants for utility service extend the sewer or water
utility main for the full public or private road frontage of
~he lot(s)to be connected to said utilities;now,therefore
IN CONSIDERATION for approval by the City a variance
from the requirements of MMC 14.03.300 without immediate
~overage of the frontage of developeJ:'s road frontage,
Ileveloper hereby agrees as follows:
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7'1:.POIfIlR OP A'1"roR!1rl:Developer hereby lIlaltes,con-
atitutea and appoints by these presents the City of
MaryaVille as the true and lawful attorney for it and in its
name,place and .tu.d,and grants it an irrevocable proxy,to
petition for and/or cast a Vote for approval of any local
improvement district (or utility local improvement district)
established for the construction and extension of
Marysville's sanitary sewer aystem or water system along the
road frontage of Developer's property along 55th Avenue N.B,
Thi.power of attorney shall be a conveyanca of an ir-
revocable interest in the above-described real property to
the City and shall constitute a covenant running with the
land in perpetuity:provided,that the City shall deliver a
aigned'release of this power of attorney after completion of
the ae_r improvements described above,
2.COViJiAR'1'!lOT TO P1tO'l'BST,Developer covenants and
agre~Q not to protest.in any manner whatsoever,formation of
a local improvement diatrict (or utility local improvement
diatrictl for the construction of the sanitary sewer or water
improvements along the road frontage of Developer'a property.
3.BIlmDlQ KFI'ECl':This agreement,and the power of
attorney and covenants contained herein,shall be binding
upon Developer,it.hairs,successors and as.igns,and shall
be conStrued as a covenant running with the land.
4.UCOVDY 1t;R"'UJiI:In t.he event the Sewer or
_ter Illain is extended along Developer's ro4d frontage along
55th Avenue N.B.in the future by any third party pursuant to
a recovery agreement as authorized by law,Developer agrees
at th..,time of entry into such recovery contract by the City
and such third party to immediately pay its pro rata ahara
for extension of .aid utility line(s).
m WrrNRSS WR:IREQP,t>e.velope.r ha3 herlMmto ••t 1t:8 hand and 80al
tb4 elate firat above written.
SUN su:CHOI
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I oartify <hat I blow or ha""...tiofactery orl<leQc"that SlllI 6I1<CII01 10 ~~wbo appeo_before ....om:!a.aid person
ocblow1edwad that be signed thi.inat",""",,t and a_l~it to be
bi.o tre.0D4 ""
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t Uy act for tho _a aod P\1t1>oo.._ti_10 thaiDa~......__........
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..•PIONEER NATIONAL
TITLE INSURANCE
IfV!HUl $lAWS
A TlrnR COMPANY
Filed (or Record at Request of
AFTER RECORDING MAIL TOI~/
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"UP
'93 JUL 26 P2 :07
DEAN V.lI'ILlI.\i1S,!<lIDIIor
SNOHOMISH COUNTY.WASH
IEPUTY~
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EXHIBIT A
Statutory Warranty Deed
FORM L58F
In band paid,conveys and ..arrants to SUN SlK CHOI and KYUNG JA CHOI,husband and wife
•State ofSNOHOMISH
TEN DOLLARS and other valuable consideration
HOhTARD J.THOMPSON and JOAN L.THOMPSON,husband and wifeTHEGRANTOR>
lor and In consideration of
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~the following described real estate,sItuated in the County of
_Washington:
""'LEGAL DESCRIPTION SET FORTH IN EXHIBIT "A"ATTACHED HERETO AND MADE A PART
HEREOF,
SUBJECT TO Right of Way for ditch along the South side of the South half of the
Southeast quarter of Northwest quarter of said Section 10,disclosed by
instruments recorded under Auditor's File Nos.307834 and 524059..
~-~·'t),,\)'b""l:.vr--:r:'O-n~b'h'\.--,:,u-"l\o.-1.Ylt..o.-1.Tl-d-i.toh_on_o Q.i.d-prQmi.g Q S by own~rS 0 f proper ty L'Fl
South half of South half of Northeast quarter of Section 10,disclosed by
instruments of record under Auditor's File Nos. 757264 and 876689,together
with provisions for sharing cos ts .
SUBJECT TO Easement for electric transmission line and related rights recorded
under Auditor's File No.740805.(Affects the West 3 feet of said premises)
SUBJECT TO Said Lands have been classiBed as (open s~ace,agricultural,timber1~~tfo;9~JrfeP~6~o~6B40gi5hg~~fie~hJr~ligeg~~S~~g~Egs£~~fi~i E~~~ft~g ~gger~¥~§b~~~C~~onoB a~hg~QX1.~d..bX R.C.W.Chapter 84,~4 upon withdrawal trom such'tnts aee ts glveI In'YUl¥Pfim 11\dt't'1lU certain real estate contract between the parties hereto.
dated August 29 ,1983 .and conditioned ror the conveyance or the above
described property.and the covenants of warranty herein cont&1ned shall not apply to any tlLle.
Interest or encumbrance arisIng by.through or under the purchaser In said con tract,and shall not
apply to any taxes.assessments or other charges Ievte d,sssessed or becoming due subsequent
to the date of said contract.
Real Estate Excise Tax was paid on this Bale or stamped exempt on Sept.8,1983 I Rec.No.10701
GIVEN under my hand and olliela!_I tb!J .;:("",.(j
who eltcuted the within and foregoing InJlrument,and
their Iree and voluntary act and deed,for tbe
,,:1 198().,
day of August ,
29thDatedIhiJ
STATE OF.WAS~fNGTON,I
Cou~y'of •'SN9~OMISH \5.5.
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'.".~\~!~tr ~50nan)'appeared before me Howard J.Thompson and Joan L. Thompson
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.\\}'.mj.·\~..be ;tfI11ndlvldval>descrIbed In and
'\,".~.~.:'~Q'~y signed the same ut '".,}r.)".".,P
wu-al\purpo ·thereln rnmtIoaed,
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