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HomeMy WebLinkAboutR-1878 - Granting a utility variance for Luis and Michelle Romero for property located at 11611 55th Ave. NE. Marysville WaCITY OF MARYSVILLE Marysville,Washington RESOLUTION NO./8"7 8 A RESOLUTION OF THE CITY OF MARYSVILLE GRANTING A UTILITY VARIANCE FOR LUIS AND MICHELLE ROMERO FOR PROPERTY LOCATED AT 11611 -55TH AVENUE N.E.,MARYSVILLE,WASHINGTON. WHEREAS,on February 5,1998 Luis and Michelle Romero applied for a utility variance for one (1)water connection with no sewer connection for property located 11611 -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 140 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 G8HREY 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 RESOLUTION - 1 /mv/romero.res 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 this 23 day of March,1998. ::TY ?ZLS~_ / ATTEST: B~h~./CITY CLERK RESOLUTION - 2 /mv/romero.res ,. Approved as to form: By /)~t(.LJ--&e/' CITY ATTORNEY RESOLUTION -3 /mv/romero.res