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HomeMy WebLinkAboutR-1941 - Granting a utility variance for Donald and Gail Davis for property located at 6820 96th St. NE Marysville Wa, CITY OF MARYSVILLE Marysville,Washington RESOLUTION NO./'1QI /-(J~tt/nJ...o /-~ I~~ A RESOLUTION OF THE CITY OF MARYSVILLE GRANTING A UTILITY VARIANCE FOR DONALD AND GAIL DAVIS FOR PROPERTY LOCATED AT 6820 -96TH STREET N.E., MARYSVILLE,WASHINGTON. WHEREAS,on May 28,1999 Donald and Gail Davis applied for a utility variance for one water connection without sewer connection and for service outside the RUSA boundary for property located at 6820 -96th Street N.E.,Marysville,Washington;and WHEREAS,on September 7,1999 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 CWSP boundary but is not within the City's RUSA boundary or Urban Growth boundary. 2.Public sewer is not available to the property,as it is approximately 500 feet from the applicant's residence.The existing residence is serviced by an on-site septic system. 3.The applicant's property fronts a 12-inch ductile iron water main in 67th Avenue N.E. 4.The Snohomish Health District conducted a water bacteriological analysis on February 4,1999 and June 30,1999. The results were unsatisfactory and considered to be unsafe for drinking due to coliform or fecal coliform in the water.In addition,the water was found to have a bad odor and rotten egg smell.The water bacteriological analysis report and results are hereby incorporated by this reference. 5.The City Utility Committee reviewed the applicant's request on June 17,1999 and August 12,1999. 6.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. 7.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. 8. 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/davis.res , - ----------------------------------------, 9.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 current use,which is single-family residential. 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 water connection without sewer connection and for service outside the RUSA boundary is hereby granted subject to the following conditions: a.The water connection shall be to serve the existing residence only. b.The applicant shall comply with all provisions of MMC Chapter 14.03 and shall pay all associated fees and charges prior to utility service. 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. c(PASSED by the City Council and APPROVED by the Mayor this ;)7 day of <;:~,1999. CITY OF MARYSVILLE By aJ~ DAVID A.WEISER,Mayor ATTEST: BY~k Approved as to form: RESOLUTION - 2 /mv/davis.res