HomeMy WebLinkAboutR-1902 - Granting a utility variance for Tony Flett for property located at 4729 84th St. NE Marysville Wa and amending Resolution No. 1660r'~!,•'-<!'~••..~.'
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CITY OF MARYSVILLE
Marysville,Washington
RESOLUTION No.1 CfOL
A RESOLUTION OF THE CITY OF MARYSVILLE GRANTING A UTILITY
VARIANCE FOR TONY FLETT FOR PROPERTY LOCATED AT 4729 .84TH
STREET N.E., MARYSVILLE,WASHINGTON,AND AMENDING RESOLUTION
NO.1660.
WHEREAS,on August 5,1998 Tony Flett applied for a utility
variance for one (1)water connection and one (1)sewer
connection for property located at 4729 -84th Street N.E.,
Marysville,Washington;and
WHEREAS,on August 24,1998 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 August
5,1998 for one water connection and one sewer connection and a
variance from covering his frontage on 84th Street N.E.
2.The applicant's property is within the City's RUSA,
CWSP and Urban Growth boundaries.
3.There is an 8-inch cast iron water main on 84th Street
N.E.and 47th Drive N.E.There is a 42-inch sewer main on 47th
Drive N.E.
4.The sewer line is already stubbed to the property from
47th Drive N.E.Because of the size and depth of the main trunk
line on 84th Street N.E.,the applicant asserts that it would not
be feasible for one individual to extend the line.It is
asserted that the extension of such line would be better
accomplished through the sharing of costs by virtue of an LID in
the future.
5.Pursuant to Resolution No.1660,the City Council
previously granted a variance to this applicant for one sewer and
one water connection and a variance from covering his frontage on
84th Street N.E.for applicant's entire property.Resolution No.
1660,as amended by this Resolution,is incorporated by this
reference.However,Resolution No.1660 was subject to the
condition that the applicant's connection to City utilities shall
be for one single-family residence for the applicant's entire
property and shall not be for development purposes.
6.The applicant's instant application relates to an
additional lot which is the subject of a short plat of the
applicant's property into two lots.Accordingly,in order to
RESOLUTION - 1
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grant the applicant's request,Resolution No.1660,condition #4,
must be amended.
7.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.
8.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.
9.
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.
10.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 one
additional single-family residence.
NOW,THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF MARYSVILLE,WASHINGTON AS FOLLOWS:
Applicant's variance application is hereby granted subject
to the following conditions:
1.The applicant shall be required to meet all other City
code requirements,including,but not limited to,all connection
fees,capital improvement fees,and permitting requirements.
2.Prior to connection to the City utility,the applicant
shall enter into an agreement to be recorded with the Snohomish
County Auditor obligating the applicant,his heirs,successors
and assigns to participate in any future extensions of the
utility,either public or private,which would ultimately result
in both frontages of the applicant's property to be covered by
sewer and water.The form of such agreement is attached as
Exhibit A.
3.The applicant shall,prior to connection to the City
utility,execute a covenant agreeing not to protest the formation
of a ULID in the future.
Resolution No.1660,Condition #4,is hereby amended to read
as follows:
4.The connection to City utilities shall be for
two (2)single-family residences for the applicant's
entire property.
Said resolution as amended is hereby incorporated by this
reference.
RESOLUTION - 2
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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.
BY_--trz~~{,A.~!<i'44-_
LA PASSED by~~e~tp ouncil and APPROVED by the Mayor this~~'1 day of ~,1998.
CITY OF MARYSVILLE
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ATTEST:
ByPCWk~.....~=~CITY CLERK
Approved as to form:
B~tt,WJ
CITY ATTORNEY
RESOLUTION -3
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