HomeMy WebLinkAboutR-1972 - Granting a utility variance for Katie Devor for property located at 4827 72nd Place NE Marysville WaI ,f..':.,/-~4:;
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CITY OF MARYSVILLE
Marysvi lie, Wash ington
RESOLUTION Nofl7d-.
A RESOLUTION OF THE CITY OF MARYSVILLE GRANTING A UTILITY VARIANCE
FOR KATIE DEVORE FOR PROPERTY LOCATED AT 4827 -72ND PLACE N.E.,
MARYSVILLE,WASHINGTON.
WHEREAS,on February 1,2000 Katie Devore applied for a
utility variance for City sewer service for property located at
4827 -72nd Place N.E.,Marysville,Washington;and
WHEREAS,on February 28,2000 the City Council of the City
of Marysville held a public meeting concerning the variance
application and made the following findings:
1.The applicant is requesting a variance from the
provisions of MMC 14.03.300.The applicant is proposing to
install a side sewer to her property from 73rd Place N.E.through
Lot 6 (her neighbor to the north).The applicant is already a
City water utility customer.
2.The applicant's property is within the City limits,
RUSA boundary,CWSP boundary,and Urban Growth boundary.
3.The applicant received a letter dated January 27,2000
from Snohomish Health District denying a permit to rebuild her
on-site sanitary sewage disposal system.The entire proposed
drainfield of the applicant's existing system is within 80 feet
or less of two existing wells on the property to the north.
Pursuant to the Washington Administrative Code,there is a
requirement of a 100-foot separation between a drainfield and
water well.
4.The applicant would be required to extend the sewer
main approximately 467 feet from the existing sewer main in 73rd
Place N.E.to comply with frontage requirements of MMC 14.03.300.
The applicant received two estimates for extension of the sewer
main in 73rd Place N.E.The first estimate was for $15,000.The
second estimate was for $40,000.The applicant also received an
estimate for using the existing sewer connection from her
neighbor in 73rd Place N.E.That estimate was $1,228.07.
5.The applicant operates an adult day care,and due to
the failed septic system a bona fide public health hazard and
emergency exists.
6.The above findings constitute unusual circumstances and
a hardship that warrants relief from the provisions of MMC
14.03.300 subject to the applicant meeting certain conditions as
described below.
RESOLUTION - 1
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7.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.
8.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.
9.
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.
10.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.
NOW,THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF MARYSVILLE,WASHINGTON AS FOLLOWS:
1.The applicant's variance from the provisions of MMC
14.03.300 is hereby granted subject to the following conditions:
a.The applicant shall be required to obtain a
private utility easement through Lot 6 (the applicant's
neighbor to the north)in a form acceptable to the City.
b.The applicant shall sign an agreement
substantially in the form attached as Exhibit A consenting
to participation in the formation of a future LID or ULID
and agreeing to pay a proportionate share of any private or
developer extension of the sewer main in 73rd Place N.E.
c.The applicant shall pay all other applicable fees
as required by Marysville Municipal Code Title 14.
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.
~ASSED by the City Council and APPROVED by the Mayor this
j3 v \ day of March,2000.
.s.:DAVID A. WEISER,Mayor
RESOLUTION - 2
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ATTEST:
Approved as to form:
Clerk
By ~k'0JJ
GRANT K.WEED,City Attorney
RESOLUTION - 3
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EXHIBIT A
Filed for Record at the Request of:
CITY OF MARYSVILLE
4822 Grove Street
Marysville,WA 98270
COVENANT FOR CONNECTION TO MARYSVILLE UTILITY SYSTEM,
AND POWER OF ATTORNEY,AND AGREEMENT NOT TO PROTEST
FORMATION OF LOCAL IMPROVEMENT DISTRICT AND/OR TO
PARTICIPATE BY PRIVATE RECOVERY AGREEMENT
Reference #:
Grantor:
Grantee/Beneficiary:
Grantee/Trustee:
Legal Description:
Assessor's Tax Parcel ID#:
THIS AGREEMENT is entered into this
Add'l on p.__
day of MONTH 1 ,
YEAR1,by and between THE CITY OF MARYSVILLE, a municipal
corporation of the State of Washington,and NAME 1 ,
hereinafter referred to as "Owner";
WITNESSETH:
WHEREAS,Owner is the owner of the following described
real property situated within the City's utility service area
and/or located within the City of Marysville,County of
Snohomish,State of Washington:
SEE EXHIBIT A
(the property address of said property being as follows:
_______________________i :and
WHEREAS,Owner has requested and received a variance to
the requirements of MMC 14.03.300 which requires that all
applicants for utility service extend the sewer or water
utility main for the full public or private road frontage of
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the lot(s)to be connected to said utilities;NOW,THEREFORE,
1
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IN CONSIDERATION for approval by the City a variance
from the requirements of MMC 14.03.300 without immediate
coverage of the frontage of Owner's road frontage,Owner
hereby agrees as follows:
1.POWER OF ATTORNEY:Owner hereby makes,constitutes
and appoints by these presents the City of Marysville as the
true and lawful attorney for it and in its name,place and
stead,and grants it an irrevocable proxy,to petition for
and/or cast a vote for approval of any local improvement
district (or utility local improvement district)established
for the construction and extension of Marysville's sanitary
sewer system or water system along the road frontage of
Owner's property along STREET1.
This power of attorney shall be a conveyance of an ir-
revocable interest in the above-described real property to
the City and shall constitute a covenant running with the
land in perpetuity;provided,that the City shall deliver a
signed release of this power of attorney after completion of
the sewer improvements described above.
2.COVENANT NOT TO PROTEST:Owner covenants and
agrees not to protest,in any manner whatsoever,formation of
a local improvement district (or utility local improvement
district)for the construction of the sanitary sewer or water
improvements along the road frontage of Owner's property.
3.BINDING EFFECT:This agreement,and the power of
attorney and covenants contained herein,shall be binding
upon Owner,its heirs,successors and assigns,and shall be
construed as a covenant running with the land.
4.RECOVERY AGREEMENT:In the event the sewer or
water main is extended along Owner's road frontage along
STREET1 in the future by any third party pursuant to a
recovery agreement as authorized by law,Owner agrees at the
time of entry into such recovery contract by the City and
such third party to immediately pay its pro rata share for
extension of said utility line(s).
IN WITNESS WHEREOF,Owner has hereunto set its hand and seal the
date first above written.
NAME 1
Signature must be contained within this box.
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--------------------------------------------------------,
...or.
,'"
STATE OF WASHINGTON)
ss.
COUNTY OF SNOHOMISH)
I certify that I know or have satisfactory evidence that NAMEI
is the person who appeared before me,and said person acknowledged
that HE/SHE signed this instrument and acknowledged it to be HIS/HER
free and voluntary act for the uses and purposes mentioned in the
instrument.
DATED this day of MONTHl,YEARI.
[Legibly print name of notary]
NOTARY PUBLIC in and for the State
of Washington,residing at
My commission expires
Signature and seal must be contained within this box.
APPROVED by CITY OF MARYSVILLE
MAYOR
ATTEST:
CITY CLERK
Signatures must be contained within this box.
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