HomeMy WebLinkAboutR-1956 - Granting a utility variance for Leonard C. Bailey for property located at 1600 51st Ave NE Marysville Wa.-----------------------------------------
.:•CITY OF MARYSVILLE
Marysville,Washington
RESOLUTION NO';7s-,C.
A RESOLUTION OF THE CITY OF MARYSVILLE GRANTING A UTILITY VARIANCE
FOR LEONARD C.BAILEY FOR PROPERTY LOCATED AT 6011 - 51ST AVENUE
N.E.,MARYSVILLE,WASHINGTON.
WHEREAS,on November 8,1999,Leonard C.Bailey applied for
a utility variance for water connection without sewer connection
and wavier of the frontage requirements of MMC 14.03.300 for
property located 6011 -51st Avenue N.E.,Marysville,Washington;
and
WHEREAS,on November 22,1999 the City Council of the City
of Marysville held a public meeting concerning the variance
application and made the following findings:
1.The property adjacent to the applicant's is presently
under development.The developer of the adjacent property was
required by the City Hearing Examiner to extend an 8-inch water
main and sewer main to the north boundary of its plat,which is
adjacent to the applicant's property.
2.The decision of the Hearing Examiner concerning the
adjacent development also requires that all residences within 100
feet of the proposed development would be required to connect to
City water prior to plat construction.However,the Hearing
Examiner's decision raised the issue of covering the frontage of
the applicant's property as required by MMC 14.03.300.The
applicant is requesting a deferral of the frontage requirement
until his property is further developed,and for a variance from
City code provisions which require connection to sewer when a
customer connects to City water.
3.The applicant's property is within the Marysville city
limits,RUSA area,CWSP boundary,and the City's Urban Growth
boundary.
4.Given the fact that the applicant has been required to
connect to City water due to circumstances beyond his control,it
is appropriate to authorize a deferral of the requirements of MMC
14.03.300 and to allow a connection to City water without sewer.
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
RESOLUTION - 1
Iwpf/mv/bailey.res
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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
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 water
without sewer,and for frontage requirements per MMC 14.03.300,
is hereby granted subject to the following conditions:
a.The requirement to cover the applicant's frontage
pursuant to MMC 14.03.300 shall be deferred until such time
as the subject property is further developed or subdivided.
As a condition of such further development or subdivision,
the applicant or his successors shall be required to comply
with the requirements of MMC 14.03.300.
b.That the applicant comply with all other
applicable provisions of Title 14 of the Marysville
Municipal 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/3~day of December,1999.
CITY OF MARYSVILLE
By 4JWmU
DAVID A.WEISER,MAYOR
ATTEST:
CLERK
Approved as to form:
By /=:J~~whdGRANTK.WEED,CITY ATTORNEY
RESOLUTION - 2
/wpf/mv/bailey.res
f -.
INCORPORATED 1891
December 17, 1999
Leonard C.Bailey
6011 51
st Avenue N.E.
Marysville,WA 98270
Dear Mr. Bailey:
City Clerk
Enclosed for your records, please find a copy of Resolution No. 1956 Granting a Utility
.Variance for your property located at 6011 51
st Ave., N.E.,Marysville,Washington.
If you have any questions regarding the above,please contact our Utilities Department at
(360) 651-5100.
Sincerely,
MPS/vw
Enclosure
Cc:Utilities
4822 Grove Street.Marysville,Washington.98270.(360)651-5000.FAX (360) 651-5033