HomeMy WebLinkAboutR-1952 - Granting a utility variance for R & D Partnership for property located 3707 71st Ave NE Marysville Wa/-~
I~Q~
CITY OF MARYSVILLE
Marysville,Washington
RESOLUTION No.l1 Q.
A RESOLUTION OF THE CITY OF MARYSVILLE GRANTING A UTILITY
VARIANCE FOR R&D PARTNERSHIP FOR PROPERTY LOCATED AT 3707-
71ST AVENUE N.E., MARYSVILLE,WASHINGTON.
WHEREAS,on September 17,1999,R&D PARTNERSHIP applied
for a utility variance pursuant to MMC 14.32.060(4)from the
provisions of MMC 14.32.020 which precludes utility service to
properties located outside the City limits and outside the
adopted RUSA boundary for property located at 3707 -71st Avenue
N.E.,Marysville,Washington;and
WHEREAS,Applicant's request also requires a variance
pursuant to MMC 14.01.040(2)from the provisions of MMC
14.01.040(1)which prohibits connection to City sewer service
unless the subject property is also connected to City water;and
WHEREAS,on October 25,1999,the Marysville City Council,
having reviewed all of the input from the applicant or the
applicant's representative,the public and staff,and having
reviewed each of the exhibits attached to the City Council Agenda
Bill of October 25,1999,and having reviewed all other written
material provided to the City Council,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 has applied to Snohomish County to develop a
plat which would require approximately six (6)sewer connections.
The property is within the City's Urban Growth Boundary and has a
Marysville Comprehensive Plan designation of 5-7 DUlAC.
2.The subject property is located in the Snohomish County
CWSP and would be provided water service from the PUD.Because
of the availability of water service by the PUD,it would cause a
practical difficulty to require the extension of City water
service.
3.Since submittal of this application,the City has
designed a sewer trunkage system that could serve the applicant's
property as well as the general region in the vicinity of
applicant's property.
4.The City has planned to develop the sewerage system in
the region in phases.Phase I has been designed and let for bid.
Applicant's request would require development of Phase II.
RESOLUTION - 1
jmv/rdp.res
5.MMC 14.32.060 authorizes the City to grant variances
subject to conditions.
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 generally apply at present 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.
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 the utility connections are limited to the
proposed use,which is Single-Family Residential.
NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF MARYSVILLE,WASHINGTON AS FOLLOWS:
A.The variance for the applicant's connections to City
sewer without water for property outside of the City's RUSA
boundary is hereby granted,subject to applicant meeting all of
the following conditions:
1.Connections to the City sanitary sewer system
shall be contingent upon the construction of Phase I and
that portion of Phase II that will enable service to the
applicant's property.
2 .
but not
applied
subject
Participation in Trunk "D"development,including,
limited to,payment of a fee of $372 per lot to be
toward a regional lift station that would serve the
property.
3.The applicant shall comply with all applicable
provisions of the Marysville Municipal Code as it pertains
to the provision of sewer service,including,but not
limited to,the annexation requirements of MMC 14.32.040.
4.Compliance with the land use densities set forth
in the Marysville Comprehensive Sewer and Comprehensive Land
Use Plan for the property.
5.Development of a collection system consistent with
the City's comprehensive sanitary sewer plan.
6.Compliance with City of Marysville road standards
and consistency with the City's road network plan.
RESOLUTION - 2
/mv/rdp.res
~,..
7.Dedication of necessary utility easements in a
form acceptable to the City.
8.Execution of an agreement with the City that would
address each of the matters referenced in conditions 1
through 7 above,and such other matters as deemed necessary
and appropriate by the City.
B.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.
nJPASSED by the/City Council and APPROVED by the Mayor this
;;2)day of NolJe-/n.ppr ,1999.
CITY OF MARYSVILLE
By Qw ~~==----
DAVID A. WEISER,MAYOR
ATTEST:
CLERK
Approved as to form:
BY~(CCJ~
GRANT K.WEED,CITY ATTORNEY
RESOLUTION - 3
/mv/rdp.res