HomeMy WebLinkAboutR-1877 - Granting a utility variance for Peter and Cathy Smith for property located at 11617 55th Ave NE Marysville WaCITY OF MARYSVILLE
Marysville,Washington
RESOLUTION NO.,1~?7
A RESOLUTION OF THE CITY OF MARYSVILLE GRANTING A UTILITY
VARIANCE FOR PETER AND CATHY SMITH FOR PROPERTY LOCATED AT
11617 -55TH AVENUE N.E.,MARYSVILLE,WASHINGTON.
WHEREAS,on February 6,1998 Peter and Cathy Smith applied
for a utility variance for one (1)water connection without sewer
connection for property located at 11617 -55th Avenue N.E.,
Marysville,Washington;and
WHEREAS,on February 23,1998 the City Council of the City
of Marysville held a public meeting concerning the variance
application and made the following findings:
1.The applicants'variance is for one water connection
without sewer for property located outside of the City's RUSA
boundary and for a variance from the requirements of MMC
14.03.300 relating to coverage of the applicants'frontage.
2.The applicants'property is not within the Marysville
City limits,RUSA boundary or the City's Urban Growth boundary,
but is within the City's Comprehensive Water System Plan
boundary.
3.There is an 8-inch ductile iron water main on 55th
Avenue N.E.at the north end of the applicants'property.The
applicants would need to extend the water main approximately 100
feet in order to cover the frontage of their property.However,
the City has plans to loop the system to connect the existing
main in 55th Avenue N.E.to the existing main in 116th this
summer.Sewer is approximately 900 lineal feet from the site.
4.The Snohomish Q.nme}Health District has tested the
water from the applicants'existing water supply and found the
presence of coliform bacteria.The Health District's water
bacteriological analysis result was "unsatisfactory-coliforms
present."Such conditions constitute a health hazard.
5.The City's Utility Committee reviewed the utility
variance application on February 12,1998.
6.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.The above-referenced findings reflect exceptional or
extraordinary circumstances or conditions applying to the subject
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property that do not apply generally to other properties in the
same vicinity.
8 .
enjoyment
possessed
The variance is necessary for the preservation and
of a substantial property right of the applicants
by owners of other properties in the same vicinity.
9.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.
NOW,THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF MARYSVILLE,WASHINGTON AS FOLLOWS:
1.The variance for the applicants'connection to one
water connection is hereby granted subject to the following
conditions:
a.That the applicants,prior to receiving the
connection,pay to the City a utility main charge of $11.80
per lineal foot in lieu of the applicants covering their
frontage.
b.As a condition-of continued utility service,the
applicants,their heirs,successors and assigns,agree not
to protest the formation of an LID/ULID for extension of
sewer to the site and/or to participate in a proportionate
share of the cost of a private sewer extension to the site.
c.That the applicants comply with all other
provisions of the City's 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.
PASSED by the City Council and APPROVED by the Mayor thisc1~day of March,1998.
ATTEST:
By19~CIIT
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Approved as to form:
By lZ~tC L,v~
CITY ATTORNEY
RESOLUTION - 3
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