HomeMy WebLinkAboutR-1909 - Granting a utility variance for Gary Pettis for property located at 1016 Ash Ave Marysville WaCITY OF MARYSVILLE
Marysville,Washington
RESOLUTION NO./qOq
'A RESOLUTION OF THE CITY OF MARYSVILLE GRANTING A UTILITY
VARIANCE FOR GARY PETTIS FOR PROPERTY LOCATED AT 1016 ASH
AVENUE,MARYSVILLE,WASHINGTON.
WHEREAS,on August 21,1998 Gary Pettis applied for a
utility variance for one sanitary sewer connection for property
located at 1016 Ash Avenue,Marysville,Washington;and
WHEREAS,on November 9,1998 the City Council of the City of
Marysville held a public meeting concerning the variance
application and made the following findings:
1.On August 21,1998 the applicant submitted a variance
application requesting relief from the frontage requirements of
MMC 14.03.300 and a variance from the provisions of MMC
14.03.030,which require a minimum of ten (10)feet for a utility
easement,and a variance from the provisions of MMC 14.03.035
which requires a minimum setback for utilities of at least ten
(10)feet.The applicant also requested to connect to the
existing side sewer across Lot 1 (Housing Hope)on an interim
basis until a gravity main in Ash Avenue is constructed pursuant
to the City's sanitary sewer comprehensive plan.
2.There are currently two single-family residences on Lot
2.1016 Ash Avenue is hooked to the sanitary sewer system and
both residences are on City water.The existing side sewer which
serves the residence at 10165 Ash is connected to the sanitary
sewer main in Beech Avenue through a private easement across Lot
1 (Housing Hope).
3.The recent development on Lot 1 restricts the easement
width to less than ten feet (required by MMC 14.03.030)and the
setback requirement (sanitary main to building)to less than ten
feet as required by MMC 14.03.035.
4.A gravity sewer main in Ash Avenue is planned pursuant
to the City's Comprehensive Sewer Plan.Connection to this main
by the applicant will be the long-term solution.
5.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.
6.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.
RESOLUTION - 1
Imv/pettis.res
7.
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.
8.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.
NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF MARYSVILLE,WASHINGTON AS FOLLOWS:
1.The variance for the applicant's connection to one
sanitary sewer connection is hereby granted subject to the
following conditions:
a.The applicant's connection to the existing side
sewer across Lot 1 (Housing Hope)shall be on an interim
basis only.At such time as a gravity main in Ash Avenue is
constructed,the applicant shall be required to connect to
said gravity main at the applicant's sole expense.
b.The applicant shall be required to execute an
agreement in the form which is attached as Exhibit A with
the City that commits him to participate in paying his
proportionate share to satisfy frontage requirements in the
construction of the permanent sanitary sewer system in Ash
Avenue.
c.The applicant shall be required to comply with all
other provisions of the City's utility code.
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
day of December,1998.
.
ATT~~
By Of A.~d
CITY CLERK
Approved as to form:fl
By~~6J~
CITY ATTORNEY
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CITY OF MARYSVILLE
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