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Home My WebLink AboutR-1948 - Granting a utility variance for Brutus & Associates for property located East of 51st Ave and South of 152nd St. Marysville WaCITY OF MARYSVILLE Marysville,Washington RESOLUTION NO.J 'Fir A RESOLUTION OF THE CITY OF MARYSVILLE GRANTING A UTILITY VARIANCE FOR BRUTUS &ASSOCIATES FOR PROPERTY LOCATED EAST OF 51ST AVENUE AND SOUTH OF 152ND STREET,MARYSVILLE,WASHINGTON. WHEREAS,on July 27,1999,BRUTUS &ASSOCIATES 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 East of 51st Avenue and South of 152nd Street, Marysville,Washington;and WHEREAS,on October 11,1999,the City Council of the City of Marysville held a public meeting concerning the variance application and received public input from the applicant's representative,members of the public,and City staff;and WHEREAS,on October 11,1999 the Marysville City Council having reviewed all of the input from the applicant's representative,the public and staff,and having reviewed each of the exhibits attached to the City Council agenda bill of October 11,1999,and the submittal of Shockey/Brent,Inc.dated October 11,1999,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, conclusion and decision: 1.Applicant BRUTUS &ASSOCIATES made application for a utility commitment letter on July 20,1999 for 109 water and 109 sewer connections for the subject property.On August 13,1999 the Public Works Director denied the application for utility commitment letter for the reason that the site is outside of the City's Utility Service Area and because the proposed density was greater than that allowed by the Marysville Comprehensive Plan. 2.On July 27,1999 the applicant applied for a variance from the provisions of MMC Chapter 14.32 The variance requested relief from the provisions of MMC 14.32,which requires properties to be within the City's Utility Service Area (RUSA) boundary in order to be eligible for utility service and from the provisions of MMC 14.32 which require the proposed densities to be consistent with the City's RUSA plan. 3.The property proposed for development by the applicant is within unincorporated Snohomish County but outside of RUSA, the City's utility planning area.However,the property is within the City's Urban Growth Area and within the City's land use and utility comprehensive planning areas. RESOLUTION - 1 /wpf/mv/brutus.res I areas In RUSA 4.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 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. 5.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 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. 6.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. 7.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. 8.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. 9.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 RESOLUTION - 2 /wpf/mv/brutus.res ·, ------------------------------------------, property is within a ULID or has a pre-existing contract right to utility services.In such cases the County's Comprehensive Plan prevails unless the City demonstrates that the plan clearly endangers the City's utility interests using strictly utility- related criteria (MMC 14.32.050(4)).The applicant's property is not within a ULID.There is no pre-existing contract right for utility service with the applicant. 10.The City and the County are required to reconcile densities within their comprehensive plans.The City and the 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 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 densities under such plans for the subject property are four to five (4-5)dwelling units per net acre.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.MMC 14.32.060 authorizes the City to grant variances subject to conditions. 13.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. 14.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. 15.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. 16.Subject to the conditions stated below,the granting of a variance in this case will not be inconsistent with the RESOLUTION - 3 /wpf/mv/brutus.res • 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 and for utility service to property outside of the RUSA boundary is hereby GRANTED subject to the following conditions: a.Compliance with the City's sewer,water and GMA Comprehensive Plan densities,which are four to five dwelling units per net acre; b.Consistency with the city road standards; c.Compliance with all other applicable requirements of MMC Chapter 14.32,including,but not limited to, compliance with the annexation requirements of MMC 14.32.040. 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 NOlJem~r-1999. CITY OF MARYSVILLE By (k(WAivt DAVID A.WEISER,MAYOR ATTEST:-...... CLERK as to form: BY~rC.CJ~ ?GRANT K.WEED,CITY ATTORNEY RESOLUTION - 4 Iwpf/mv/brutus.res