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HomeMy WebLinkAboutR-1853 - Denying a utility variance for P.U.D. of Snohomish County for property located at 3120 Quil Ceda Way (88th St. NE), Marysville WaI ' CITY OF MARYSVILLE Marysville,Washington RESOLUTION NO.LtrS3 A RESOLUTION OF THE CITY OF MARYSVILLE DENYING A UTILITY VARIANCE FOR P.U.D. OF SNOHOMISH COUNTY FOR PROPERTY LOCATED AT 3120QUIL-CEDA WAY (88THSTREETN.E.).MARYSVILLE,WASHINGTON. WHEREAS,on June 10,1997,P.U.D.of Snohomish County applied for a utility commitment letter for one temporary water service for landscape irrigation only and applied for a variance for one temporary water service for landscape irrigation only (August through November 1997)for property located at 3120 Quil- Ceda Way (88th Street N.E.,Marysville,Washington;and WHEREAS,on June 23,1997 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 NOT WITHIN City Limits,Rural Utility Service Area,CWSP Boundary,or Urban Growth Boundary,and is within the Tulalip Tribes Service Area. 2.The P.U.D.is not the fee owner of the subject property,and therefore is unable to execute an annexation covenant as required by MMC 14.32.040. 3.In light of the above-referenced findings,the authorization of the variance would be materially detrimental to the public interest,welfare,or the environment. 4.The above-referenced findings do not 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.Because the variance is for irrigation purposes only, it is not necessary for the preservation and enjoyment of a substantial property right of the applicant possessed by owners of other properties in the same vicinity. 6.Because the subject property is within the Tulalip Tribes Service Area,the granting of a variance in this case would be inconsistent with the long-range plans of the City utility system. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MARYSVILLE,WASHINGTON AS FOLLOWS: RESOLUTION - 1 /wpf/mv/pud.res 1.The variance for the applicant's connection for utility commitment letter for one temporary water service for landscape irrigation only is hereby DENIED. 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 . •~PASSED by the City Council and APPROVED by the Mayor this~~~day of August,1997. CITY OF MARYSVILLE By (l;;tv!u;e4 ATTEST: BY~~ Approved as to form: CITY CLERK By A~tf:-G/~ •CITY ATTORNEY RESOLUTION - 2 /wpf/mv/pud.res