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HomeMy WebLinkAboutR-1860 - Granting a utility variance for Belmark Industries, Inc. for property located at 3028 83rd Ave NE Everett Wa+~..~~ .....,),.- CITY OF MARYSVILLE Marysville,Washington RESOLUTION NO./8("tJ A RESOLUTION OF THE CITY OF MARYSVILLE GRANTING A UTILITY VARIANCE FOR BELMARK INDUSTRIES, INC. FOR PROPERTY LOCATED AT 3028 - 83RD AVENUE N.E.,EVERETT,WASHINGTON. WHEREAS,on July 31,1997 BELMARK INDUSTRIES,INC.applied for a utility variance for eleven sewer connections without water outside of the City's RUSA boundary for property located 3028 - 83rd Avenue N.E.,Everett,Washington;and WHEREAS,on August 25,1997 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 located outside of the City's RUSA boundary,but within the City's Urban Growth Area. 2.The property is within the water service area of Snohomish County PUD,and water service is provided by the PUD. 3.The city will be capable of providing sewer service to the applicant's proposed plat with a gravity collection system. The sewer service would,however,be provided initially through an interim connection to the Lake Stevens Sewer District at Soper Hill Road.Sewage treatment would be provided through an interlocal agreement with the Lake Stevens Sewer District. 4.Upon completion of the City's sewer trunk "D,"flow could be converted to the Marysville Wastewater Treatment Plant, and the agreement for treatment with Lake Stevens Sewer District could be terminated. 5.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. 6.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. 7. 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. 8.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/belmark.res3 "'!...'\", limits,so long as this utility connection is limited to the proposed use,which is single-family residential. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MARYSVILLE,WASHINGTON AS FOLLOWS: 1.The variance for the applicant's connection to sanitary sewer without water outside the City's RUSA boundary is hereby granted subject to the following conditions: a.That the applicant comply with all requirements of the City's Utility Code including,but not limited to,the execution of an annexation covenant pursuant to MMC 14.32.040; b.The City's ability to enter into an interlocal agreement with the Lake Stevens Sewer District for treatment of the sewerage until such time as adequate collection facilities exist to divert flows to the Marysville Wastewater Treatment Plant. 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. ~SSED by the City Council and APPROVED by the Mayor this ~~dlday of September,1997. CITY OF MARYSVILLE By ail ult~ ATTEST: B~__CITY CLERK Approved as to form: By /JAa.oL Ie.0-«<2 CITY ATTORNEY RESOLUTION - 2 /mv/belmark.res3