HomeMy WebLinkAboutR-1901 - Granting a utility variance for Emerald Land Development LLC for property located in the 5800 block of 108th St. NE Marysville WaCITY OF MARYSVILLE
Marysville,Washington
RESOLUTION NO.(CJol
A RESOLUTION OF THE CITY OF MARYSVILLE GRANTING A UTILITY
VARIANCE FOR EMERALD LAND DEVELOPMENT LLC FOR PROPERTY
LOCATED IN THE 5800 BLOCK OF 108TH STREET N.E.,MARYSVILLE,
WASHINGTON.
WHEREAS,on June 22,1998 Emerald Land Development LLC
applied for a utility variance for 86 water connections and 86
sewer connections for property located in the 5800 block of 108th
Street N.E.,Marysville,Washington;and
WHEREAS,on August 10,1998 the City Council of the City of
Marysville held a public meeting concerning the variance
application and made the following findings:
1.The applicant applied for a utility variance on June
22,1998 for 86 water connections and 86 sewer connections in
anticipation that 15 of its 71 building lots would be duplex
lots.However,because the applicant's development application
with Snohomish County has not been approved,it is uncertain
specifically how many connections would be needed unless and
until the applicant's plat is approved.
2.The applicant's property is within the City's Critical
Water Study Plan area and within the City's Urban Growth
boundary.A portion of the applicant's property is within the
City's RUSA boundary and the balance is outside of the City's
RUSA boundary.
3.There is an existing 8-inch ductile iron water main in
108th Street N.E.which the applicant will extend to meet
frontage requirements and also tie into the main in Kellogg
Village which is currently under construction,resulting in a
loop system.Sewer is currently under construction for Kellogg
Village and would also be available to the applicant's property.
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.
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.
RESOLUTION -1
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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 uses
and densities allowed by the Marysville Comprehensive Plan.
NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF MARYSVILLE,WASHINGTON AS FOLLOWS:
1.The applicant's request for water and sewer connections
shall be approved without specifying a specific number of
connections.The approval of this utility variance shall be
subject to the number of connections being consistent with the
densities provided in the Marysville Comprehensive Plan.
2.The applicant shall pay all applicable fees required by
Title 14 of the Marysville Municipal Code and shall comply with
all other requirements of City ordinance,including,but not
limited to,execution of an annexation covenant pursuant to
MMC 14.32.040.
3.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 b~~Council and APPROVED by the Mayor this
is"day of -""~"""'II"'~===-<-__t 1998.
By_--"'-.=1"'-I."--£L!!!."""':.t--_
CITY OF MARYSVILLE
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ATTEST:
CITY CLERK
Approved as to form:
BY~((~
CITY ATTORNEY
RESOLUTION - 2
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