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HomeMy WebLinkAboutR-1936 - Granting a utility variance for SGA Corporation/Bob Hart for property located on 31st Ave South of 6130 (Lots 2 and 3) Marysville WaCITY OF MARYSVILLE Marysville,Washington RESOLUTION NO./Q3(., A RESOLUTION OF THE CITY OF MARYSVILLE GRANTING A UTILITY VARIANCE FOR SGA CORPORATION/BOB HART FOR PROPERTY LOCATED ON 31ST AVENUE SOUTH OF 6130 (LOTS 2 AND 3), MARYSVILLE,WASHINGTON. WHEREAS,on April 20,1999 Bob Hart/SGA Corporation applied for a utility variance for three water connections and three sewer connections for property located outside the City's RUSA boundary on 31st Avenue south of 6130 (Lots 2 and 3),Marysville, Washington;and WHEREAS,on July 26,1999 the City Council of the City of Marysville held a public meeting concerning the variance application and made the following findings: 1.The applicant's property is not within the City limits, the City's RUSA boundary,the Urban Growth boundary,or the CWSP boundary. 2.There is an eight-inch water line at the northwest corner of Lot 3 in 29th Drive N.E.and a ten-inch PVC sewer main in 29th Drive N.E.approximately 300 feet from the northeast corner of Lot 2. 3.The applicant is unable to cover his frontage with the sewer main due to the shallow depth,as it is only approximately five feet deep at a point approximately 300 feet from the site. 4.The applicant's property is located within the Tulalip Indian Reservation.The applicant has received a letter from the Tulalip Tribes indicating that they have no objection with the City providing City water and sewer to serve the applicant's property. 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. 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. RESOLUTION -1 /mv/sga.res ,--------------------------------- 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,so long as this utility connection is limited to the proposed use,which is'office/warehouse. 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 three water connections and three sewer connections is hereby granted subject to the following conditions: a.The applicant extend the water main at its own expense to serve Lots 2 and 3 consistent with the requirements of MMC Chapter 14.03. b.The applicant shall install at its own expense on- site gravity and privately owned grinder pump station and force main connecting to the existing sanitary sewer main in 29th Drive N.E.The existing main in 29th Drive N.E.shall be extended to the south until the depth reaches a minimum of five feet (rim to invert). c.The applicant shall comply with all current City water and sanitary sewer design standards and all other applicable Marysville Municipal Codes. d.Provision of water and sewer utilities shall be subject to the applicant complying with all requirements of the Tulalip Tribes and/or County Department of Community Development. e.The applicant shall not be required to execute an annexation covenant as required by MMC 14.32.040,as the property is located within the Tulalip Indian Reservation. 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. iil PASSED by t~~~1Y Council and APPROVED by the Mayor thisqdayofa~--,1999. RESOLUTION - 2 /mv/sga.res CITY By OF MARYSVILLE {k;JtJ-tUlA __ ,,:. ~-..'...... ATTEST: CITY CLERK Approved as to form: By /J~/Cw14l 7 CITY ATTORNEY RESOLUTION - 3 Imv/sga.res