HomeMy WebLinkAboutR-1943 - Granting a utility variance for Erkki and Ismo Kotilainen for property located at 5623 100th St. NE Marysville WaCITY OF MARYSVILLE
Marysville,Washington
RESOLUTION N0i 7</.5
A RESOLUTION OF THE CITY OF MARYSVILLE GRANTING A UTILITY VARIANCE
FOR ERKKI AND ISMO KOTILAINEN FOR PROPERTY LOCATED AT 5623 -lOaTH
STREET N.E., MARYSVILLE,WASHINGTON.
WHEREAS,on July 27,1999,Erkki and Ismo Kotilainen applied
for a utility variance from the land use densities set forth in
the City's Rural Utility Service Area (RUSA)plan for property
located at 5623 -100th Street N.E.,Marysville,Washington;and
WHEREAS,on October 4,1999,the Marysville City Council
held a public meeting concerning the variance application and
received public input from the applicant and City staff;and
WHEREAS,on October 4,1999 the Marysville City Council,
having reviewed all of the input from the applicant and staff,
and having reviewed each of the exhibits attached to the City
Council Agenda Bill of October 4,1999,and having reviewed all
other written material supplied at the public meeting,all of
which is incorporated by this reference;and having reviewed
Chapter 14.32 of the Marysville Municipal Code relating to the
City's RUSA requirements,and having been fully advised in the
premises,hereby makes the following findings,conclusions and
decision:
1.Applicant Erkki and Ismo Kotilainen made application
for a variance from the provisions of MMC 14.32,as the subject
property is outside of the City's RUSA boundary,and from the
provisions of MMC 14.32.040(3)which requires that the existing
or proposed use for the property shall be consistent with the
then-current RUSA plan as adopted by the City.
2.The property proposed for development by Erkki and Ismo
Kotilainen is within unincorporated Snohomish County and within
the City's Urban Growth Area and the City's Land Use and Utility
Comprehensive Planning Areas.
3.MMC 14.32 requires that an applicant for utility
service outside of the city limits comply with the densities
prescribed in the City's RUSA plan.However,an applicant may
apply for a variance for property not within the City's RUSA
boundary and from the densities of the City's RUSA plan pursuant
to MMC 14.32.060.The criteria for review of a variance request
are stated therein.
4.One of the purposes of RUSA is to allow the City to
establish long range plans for the growth and control of its
utility system outside of the City limits.Its purpose also is
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areas
In
RUSA
to assist in accurately forecasting the demand for City utilities
and to provide property owners and Snohomish County authorities
with an indication of the City's long range utility plans (MMC
14.32.010).To authorize utility connections consistent with
County densities,which are inconsistent with the City's
densities,as the applicant has requested would not be consistent
with the City's long term planning efforts under RUSA or GMA.
5.RUSA is intended to promote the orderly growth of
outside the City limits which may be annexed in the future.
order to promote orderly and coordinated growth,the City's
plan requires that an applicant for utilities develop at
densities consistent with the City's RUSA plan.Unless a
variance is applied for and granted,any authorization for
utility services must be conditioned upon continued compliance
with the RUSA plan (MMC 14.32.040(3)).One of the primary
purposes for this requirement is to ensure that the City's
utility system retains adequate capacity to serve all properties
within the City limits and to meet its existing utility
obligations.To authorize utility connections consistent with
County densities,which are greater than those allowed by the
City in its GMA Comprehensive Plan,as the applicant has
requested would not be consistent with the City's planning
efforts under RUSA or GMA.
6.Under the City's utility code,no utility connection is
to be approved which is inconsistent with the long range plans of
the City's utility system.Such long range plans include
development which is consistent with the City's Comprehensive
Water and Sewer Plans and the development densities stated in the
City's GMA Comprehensive Plan.
7.Since the City's Comprehensive Water and Sewer Plans
and the City's GMA Comprehensive Plan are the most current plans
which are available and which comply with the requirements of the
Growth Management Act,it is appropriate to consider and approve
a variance from the RUSA plan densities.The RUSA plan densities
are lower than those planned for under the City's Water and Sewer
Comprehensive Plans and GMA Comprehensive Plan.
8.The City's RUSA plan densities conflict with Snohomish
County's Comprehensive Plan densities.MMC 14.32.050(4)states
that in the event the RUSA plan is inconsistent with Snohomish
County's Comprehensive Plan,the RUSA plan shall prevail unless a
property is within a ULID or has a pre-existing contract right to
utility services.The applicant's property is not within a ULID
and does not have a preexisting contract right to utility
services.
9.MMC 14.32.060 authorizes the City to grant variances
subject to conditions.
10.The City and the County are required to reconcile
densities within their comprehensive plans.The City and the
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County have signed an interlocal agreement which will accomplish
this.It is anticipated that the reconciliation process will
result in densities generally consistent with the City's GMA
Comprehensive Plan.As the applicant's property and others in
the vicinity are within the City's urban growth area and because
such properties will be required to sign an annexation covenant
in favor of the City as a condition of receiving utilities,these
properties will most likely be annexed to the City in the near
term.Accordingly,they should be subject to the City's planning
goals,objectives and standards,including the City's road
standards and the densities planned for by the City.
11.While the applicant has shown that it can meet the
variance criteria of MMC 14.32.060(4),the variance should be
allowed from the City's RUSA plan densities and may be approved
subject to compliance with the City's general comprehensive plan
densities and the densities contemplated within the City's sewer
and water comprehensive plans.The number of water and sewer
connections allowed should not be a specific number at this point
and should depend upon the approval of a preliminary plat which
is consistent with the City's planned densities for this
property.
12.In light of the above-referenced findings,the
authorization of the variance subject to the below-stated
conditions will not be materially detrimental to the public
interest,welfare,or the environment.
13.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.
14.Based upon the above-referenced findings,the variance
is necessary for the preservation and enjoyment of a substantial
property right of the applicant possessed by owners of other
properties in the same vicinity.
15.Subject to the conditions stated below,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 from the City's RUSA plan densities is
hereby GRANTED subject to the following conditions:
a.Compliance with the City'S sewer,water and GMA
Comprehensive Plan densities;
b.Consistency with the city road standards;
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c.Compliance with all other applicable requirements
of MMC Chapter 14.32.
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
25'day of October,1999.my (f;YmLL~
By ULU!-1
DAVID A. WEISER,MAYOR
ATTEST:
8Y~MARYNSN;CiTYCLERK
Approved as to form:
By /J A.A-J f<.-WpJJ
GRANT K.WEED,CITY ATTORNEY
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