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HomeMy WebLinkAboutR-1947 - Granting a utility variance for Fellowship Baptist Church for property located at 403 172nd St. NW, Arlington Wa" CITY OF MARYSVILLE Marysville,Washington RESOLUTION NO.~7 A RESOLUTION OF THE CITY OF MARYSVILLE GRANTING A UTILITY VARIANCE FOR FELLOWSHIP BAPTIST CHURCH FOR PROPERTY LOCATED AT 403 -172ND STREET N.W.,ARLINGTON,WASHINGTON. WHEREAS,on August 23,1999,FELLOWSHIP BAPTIST CHURCH applied for a utility variance for a water connection without sewer and for utility service outside of the City's RUSA boundary,for property located at 403 -172nd Street N.W., Arlington,Washington;and WHEREAS,on October 11,1999,the City Council of the City of Marysville held a public meeting concerning the variance application and made the following findings: 1.The existing sanitary sewer line is located in excess of 200 feet from the applicant's site. 2.The property is outside of the City's Critical Water Study Plan (CWSP),Urban Growth Boundary,and RUSA boundary. 3.There are existing city water utility lines located in the vicinity of the applicant's property. 4.The applicant has obtained letters from adjacent water purveyors,the Snohomish County PUD,Seven Lakes Water Association,and City of Arlington,each stating that they are unable to provide service to the applicant's property.Each of the Exhibits attached to the City Council agenda bill,including, but not limited to,the letters from adjacent purveyors,are hereby incorporated by this reference. 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. 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 RESOLUTION - 1 !wpf/mv/fbc,res ~------------------------------------ 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 water without sewer and for utility service outside of the City's RUSA boundary is hereby granted subject to the following conditions: a.The applicant shall meet all applicable provisions of the City's utility code,including,but not limited to, the annexation requirements of MMC 14.32.040. b.The applicant shall pay all applicable fees and charges as set forth in 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 bJ19VO"'"kr ,1999. By f1:J tUM DAVID A. WEISER,MAYOR ATTEST: CLERK • Approved as to form: BY~(lY~ /GRANT K.WEED,CITY ATTORNEY RESOLUTION - 2 /wpf/mvjfbc.res