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HomeMy WebLinkAboutR-1887 - Granting a utility variance for 3WT, Inc. for property located at 18001 27th Ave NE Marysville Wa.". CITY OF MARYSVILLE Marysville,Washington RESOLUTION NO./lSn A RESOLUTION OF THE CITY OF MARYSVILLE GRANTING A UTILITY VARIANCE FOR 3WT,INC.FOR PROPERTY LOCATED AT 18001 - 27TH AVENUE N.E., MARYSVILLE,WASHINGTON. WHEREAS,on February 5,1998 3WT,Inc.applied for a utility variance for five hundred (500)water and sewer connections for property located 18001 -27th Avenue N.E.,Marysville, Washington;and WHEREAS,on April 27,1998 the City Council of the City of Marysville held a public meeting concerning the variance application and made the following findings: 1.While the property is within the City's Urban Growth Boundary,it is not within the City's RUSA or Critical Water Study Plan area. 2.There is a 12-inch water main in 172nd Street and an 8-inch water main in Lakewood Commons.There is a 12-inch PVC sewer main in 172nd Street and 27th Avenue N.E.,and a 10-inch gravity sewer main throughout the plat of Lakewood Commons. 3.Lakewood Commons is adjacent to the property of the applicant.Sewer service will require a temporary lift station and force main to the 12-inch gravity system in 172nd Street. The on-site collection system could be designed so that the lift station is eliminated when Planning Area #3 as designated within the City's sewer comprehensive plan is completed.The temporary lift station would be privately owned and maintained. 4.The downstream sanitary sewer system has been reviewed for available capacity.The existing 10-inch sewer main in Lakewood Commons will not accommodate the flows proposed by the applicant,however,from 172nd Street south the system will have adequate capacity to serve the proposed plat,provided that the planned Trunk "A"to "F"intertie is completed within two to four years.As the applicant will directly benefit from the intertie, it is reasonable and necessary that the applicant contribute toward the cost of constructing the improvements to ULID 10 and the Trunk "A"to "F"intertie. 5.As the applicant is proposing to construct a SOO-unit apartment complex,it is appropriate to grant the utility variance on the condition that it be limited to serve up to a SOO-unit apartment complex,as opposed to 500 connections. RESOLUTION - 1 /mv/3WT.res 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 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 applicant 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 the utility connections are limited to service up to a SOD-unit apartment complex. NOW,THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MARYSVILLE,WASHINGTON AS FOLLOWS: 1.The applicant's variance for 500 water and sewer connections is hereby granted subject to the following conditions: a.That the applicant,prior to receiving connection to the City's sewer or water utility,pay the existing main charges as recovery to ULID #10. b.That the applicant,prior to connection to the City's sewer or water utility,pay and contribute toward the cost of construction of the Trunk "A"to "F"intertie as calculated by the City's consulting engineer. c.That the applicant comply with all other applicable provisions of Title 14 of the Marysville Municipal Code. d.That the variance be limited to utility service sufficient to serve up to a SOD-unit apartment complex,as opposed to 500 water and sewer connections. 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. RESOLUTION -2 /mv/3WT.res ,"'t.._'""~, _~ASSED by the City Council and APPROVED by the Mayor this 27-0/1 day of May,1998. ATTEST: BY~CLERK Approved as to form: BY~K.CA L?te{2 /CITY ATTORNEY RESOLUTION - 3 Imv/3WT.res CITY OF MARYSVILLE (llUM!