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HomeMy WebLinkAboutR-1903 - Granting a utility variance for Boyden, Robinett & Associates for property located 1/2 miles west of the 108th St. NE and 67th Ave NE intersection atCITY OF MARYSVILLE Marysville,Washington RESOLUTION NO.1903 A RESOLUTION OF THE CITY OF MARYSVILLE GRANTING A UTILITY VARIANCE FOR BOYDEN, ROBINETT &ASSOCIATES FOR PROPERTY LOCATED APPROXIMATELY 1/2 MILE WESTOF THE 108TH STREETN.E.AND 67TH AVENUE N.E. INTERSECTION AT 5916 -108TH STREET N.E., MARYSVILLE,WASHINGTON. WHEREAS,on August 17,1998 BOYDEN,ROBINETT &ASSOCIATES applied for a utility variance for 34 water connections and 34 sewer connections for property located approximately 1/2 mile west of the 108th Street N.E.and 67th Avenue N.E.intersection at 5916 -108th Street N.E.,Marysville,Washington;and WHEREAS,on October 5,1998,the City Council of the City of Marysville held a public meeting concerning the variance application and made the following findings: 1.The property is within the City'S CWSP boundary and the City's Urban Growth boundary.The property is outside of the City's RUSA boundary. 2.There is an 8-inch water main east of 56th Avenue N.E. on 108th Street.In order to receive water service,the applicant will need to cover the frontage of his property on 108th Street N.E.and loop the system to the water main in the Plat of Kellogg Village,which is presently under construction. Sanitary sewer can be provided.by extension of the sanitary sewer being in stalled in the Plat of Kellogg Village. 3.The extension of the utility to the applicant's site is consistent with the sanitary sewer comprehensive plan for this area. 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. 7.The granting of a variance in this case will not be inconsistent with the long-range plans of the City utility system RESOLUTION - 1 /mv/boyden.res • or jeopardize utility availability for properties within the City limits. NOW,THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MARYSVILLE,WASHINGTON AS FOLLOWS: 1.The applicant's variance is hereby granted subject to the following conditions: a.The applicant's request for water and sewer connection shall be approved without specifying a specific number of connections.The approval of this utility variance shall be subject to the number of utility connections being consistent with the densities provided in the Marysville Comprehensive Plan as it now reads or is hereinafter amended. b.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,the execution of an annexation covenant pursuant to MMC 14.32.040. 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 12th day of October,1"998. CITY ~~YSVILLE By YOMrJ~__ :~CITYCLERK Approved as to form: By ~/C CJ...u-e2 CITY ATTORNEY RESOLUTION - 2 /mv/boyden.res