HomeMy WebLinkAboutR-1866 - Granting a utility variance for Terra Firma Development Co. LTD, for property located at Northwest corner of Twin Lakes Avenue and 156th St. NE Marysv1-9-J4;~<h
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CITY OF MARYSVILLE
Marysville,Washington
RESOLUTION NO ./8'Gtz
A RESOLUTION OF THE CITY OF MARYSVILLE GRANTING A UTILITY
VARIANCE FOR TERRA FIRMA DEVELOPMENT CO., LTD.FOR PROPERTY
LOCATED AT THE NORTHWEST CORNER OF TWIN LAKES AVENUE AND
156TH STREET N.E., MARYSVILLE,WASHINGTON.
WHEREAS,on October 7,1997 Terra Firma Development Co.,
Ltd.applied for a utility variance for 400 water connections and
400 sewer connections for property located at the northwest
corner of Twin Lakes Avenue and 156th Street N.E.,Marysville,
Washington;and
WHEREAS,on October 27,1997 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 within the City's Comprehensive Water
System Planning area and within the City's Urban Growth Boundary.
2.While the property is not within the City's RUSA
boundary,there is a 12-inch ductile iron main stubbed to the
west from Smokey Point Blvd.on 156th Street N.E.,east of 1-5,
and a 12-inch concrete sewer main on Smokey Point Blvd.at 156th
Street N.E.,and an 8-inch sewer main on 156th Street N.E.,west
of Smokey Point Blvd.and east of 1-5.
3.Until the cities of Marysville and Arlington completed
an interlocal agreement relating to apportionment of each city's
urban growth boundary and until said cities resolved planning and
utility issues,there was uncertainty as to whether it would be
appropriate and consistent with the City's long range utility
policies to provide sewer and water utility service to the
applicant's property.As the Snohomish County Council recently
approved the Urban Growth Boundary for the area designating that
the applicant's property is within the City's Urban Growth
Boundary,the City now may consider a variance to MMC Chapter
14.32 allowing utility connections to the applicant's property
even though it is situated outside of the City's RUSA boundary.
However,due to the size of the property,the number of utility
connections being requested and the proximity of the subject
property to the Marysville city limits,the Marysville City
Council finds that it is necessary,appropriate and in the public
interest to require annexation of the subject property as a
condition of sewer and water utility service.
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.
RESOLUTION - 1
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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 the
current use,which is single-family residential development.
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 400
water connections and 400 sewer connections outside of RUSA is
hereby granted subject to the following conditions:
a.That the applicant circulate a petition for
annexation of the subject property and any other property
that the City deems to constitute a logical boundary for
annexation and that annexation of the applicant's property
be completed prior to,and as a condition of,water and
sewer utility service.Failure to annex to the City shall
result in this utility variance being null and void.
b.That the applicant participate in mitigation as
required by the City for installation of an intertie between
the City's sewer trunk F and A.
c.That the applicant comply with all other
applicable requirements of the City's utility code as set
forth in Title 14 of the Marysville Municipal 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.
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PASSED by the City Council and APPROVED by the Mayor this
day of CJ~,1997.
CITY OF MARYSVILLE
By ,{le/aJeUu
RESOLUTION - 2
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ATTEST:
CITY CLERK
Approved as to form:
By A~<.&.../..y..,//
CITY ATTORNEY
RESOLUTION - 3
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