HomeMy WebLinkAboutR-1931 - Authorizing the approval of variances from the provisions of MMC 14.32.020 authorizing a single residential utility connection to properties located o-e:•
CITY OF MARYSVILLE
Marysville,Washington
RESOLUTION NO.1931
A RESOLUTION OF THE CITY OF MARYSVILLE AUTHORIZING THE APPROVAL
OF VARIANCES FROM THE PROVISIONS OF MMC 14.32.020 AUTHORIZING A
SINGLE RESIDENTIAL UTILITYCONNECTION TO PROPERTIES LOCATED OUTSIDE
OF THE CITY'S ADOPTED RUSA BOUNDARY BUT WITHIN THE ALIGNMENT OF
PHASE II-A OF SEWER TRUNK LINE D;AND AUTHORIZING A VARIANCE FROM
THE PROVISIONS OF MMC 14.32.060(2) TO ALLOW FOR SUCH UTILITY
CONNECTION FOR A PERIOD OF ONE YEAR FROM FINAL ACCEPTANCE OF
PHASE II-A OF TRUNK LINE D.
WHEREAS,the City is in the process of constructing a public
sanitary sewer trunk line known as Sewer Trunk "D"to provide
portions of the Sunnyside area with sanitary sewer utility service;
and
WHEREAS,the City deems it to be in the public interest that
development of the Sunnyside area wit sanitary sewer is preferred
to individual on-site disposal systems;and
WHEREAS,certain properties along the alignment of Sewer Trunk
D,particularly those within Phase II-A,have or will be requested
to provide an easement for the placement and construction of said
Sewer Trunk Line;and
WHEREAS,in consideration of easements for the placement and
construction of said Sewer Trunk Line the City has agreed to
provide a single connection to said sanitary sewer for each
residential property providing said easement;and
WHEREAS,it is just and reasonable to allow a one-year period
from the final acceptance of Phase II-A of Trunk Line D for
property owners to utilize the variance provided herein and make
the physical connection to the City's utility;
NOW,THEREFORE,BE'IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF MARYSVILLE,WASHINGTON AS FOLLOWS:
1.A variance from the provisions of MMC 14.32.020 is hereby
granted to those properties within the alignment of Sewer Trunk D,
Phase II-A.A list of such properties and a map depicting the area
applicable to this variance is attached as Exhibit A and
incorporated by this reference.
2.The grant of this utility variance shall apply only to
those properties referenced on Exhibit A which have provided a
temporary construction easement and a permanent utility easement
for Sewer Trunk D in the form as provided by the City.
3.The City Council further agrees to waive the normal RUSA
RESOLUTION -1
/mv/sewer.res
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variance application process,including the fee for said variance
application for those properties meeting the conditions set forth
in paragraphs 1 and 2 above.
4.The grant of this utility variance shall entitle the
recipient to a single residential connection to the City's sanitary
sewer system upon recording of the easements provided by the
property owner.Said connection shall require the property owner
to pay the City's normal connection and capital improvement charges
as established by City ordinance in effect at the time of
connection.
5.The grant of a single connection to the City's sanitary
sewer system shall be subject to the property owner's making proper
application for utility service on the City's standard form,
payment of the monthly rates as established by ordinance for the
subject property,and compliance with all applicable provisions of
the City's utility code as set forth in MMC Title 14.
6.Any property owner who receives a utility variance
pursuant to this resolution shall be exempt from any utility
recovery contract relating to the construction of Sewer Trunk D
until such time as the subject property or any portion thereof is
further developed and/or applies for additional utility connections
beyond the one granted per property herein.
7.This utility variance shall be considered a covenant
running with the land and shall inure to the benefit of the
property owner,his heirs,successors and assigns.
8.A variance is also hereby granted for the Exhibit A
properties which otherwise qualify for a single residential
connection from the provisions of MMC 14.32.060 (2).Any property
qualifying for a connection pursuant to this resolution shall have
one year from the City's final acceptance of the construction of
Phase II-A of Trunk Line D to make application and physically
connect to the sanitary sewer system.If a connection is not made
within said one-year period,the variance to the provisions of MMC
14.32.020 and 14.32.060(2)shall lapse.Provided,however,a
qualifying property owner may apply prior to the expiration of this
variance for six (6)month extensions on good cause shown.
~Ah PASSED by the City Council and APPROVED by the Mayor this
Z?f-~day of ;["<.<n€..,1999.
Approved as to form:
By /J~Ie c.J.-u.eO
CITY ATTORNEY
RESOLUTION -2
Imv/sewer.res
CITY CLERK
EXHIBIT A
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GENERAL PROJECT ROUTE
INCLUDING PHASE 1
AND PHASE 2 AREAS