HomeMy WebLinkAboutR-1900 - Granting a utility variance for Rollins Farm Joint Venture for property located at 9530, 9627, 9711 76th Ave. NE Marysville Wa.'
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CITY OF MARYSVILLE
Marysville,Washington
RESOLUTION NO.('tOO,
A RESOLUTION OF THE CITY OF MARYSVILLE GRANTING A UTILITY
VARIANCE FOR ROLLINS FARM JOINT VENTURE FOR PROPERTY LOCATED
AT 9530, 9627,9711 -76TH AVENUE N.E.,MARYSVILLE,WASHINGTON.
WHEREAS,on June 29,1998 ROLLINS FARM JOINT VENTURE applied
for a utility variance for three water connections and three
sewer connections and a waiver from frontage requirements per MMC
14.03.300 for property located at 9530, 9627,9711 -76th Avenue
N.E.,Marysville,Washington;and
WHEREAS,on August 3,1998 the City Council of the City of
Marysville held a public meeting concerning the variance
application and made the following findings:
1.The utility variance request is for three water
connections without connection to sewer for two existing single-
family homes and one mobile home.The applicant is also
requesting a variance from MMC 14.03.300,which requires the
property owner to extend the sewer and/or water main for the full
public or private road frontage of the lot on which the structure
to be connected is located.
2.The property is within the City's Critical Water Supply
Planning Area.The applicant's property is not within the city
limits,RUSA boundary,or the City's UGA.
3.There is a 12-inch ductile iron water main through the
applicant's property.No sewer is available.
4.By letter dated June 25,1998,the Snohomish Health
District has stated that the spring water that presently serves
the applicant's three residences has become functionally
obsolete.Water samples taken from the applicant's current water
system are unsatisfactory due to the presence of bacterial
contamination.The source itself is in peril of structural
collapse.The original wooden cover has rotted and collapsed
into the collector and the soil upslope of the collector has been
sloughing into the collector.
5.Pursuant to a letter dated August 2,1996 from the
City's consultant to the applicant,it was agreed that in
exchange for a 10-foot permanent easement the City would not
assess future recovery fees for the 12-inch water main which runs
through the applicant's property.
RESOLUTION - 1
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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 this utility connection is limited to the
current use.
NOW,THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF MARYSVILLE,WASHINGTON AS FOLLOWS:
1.The variance for three water connections without sewer
connections for the applicant is hereby granted subject to the
following conditions:
a.All recovery fees for installation and extension
of the 12-inch ductile iron water main through applicant's
property shall be waived pursuant to the August 2,1996
letter from the City's consulting engineer to the applicant.
b.The applicant shall be required to pay all other
applicable fees and charges as set forth in Title 14 of the
Marysville Municipal Code and shall otherwise comply with
all other municipal code requirements.
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
/o-~day of August,1998.
CITY OF MARYSVILLE
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RESOLUTION - 2
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ATTEST:
CITY CLERK
Approved as to form:
By~/c,tA/~~
CITYATT RNEY
RESOLUTION - 3
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