HomeMy WebLinkAboutR-1973 - Granting a utility variance for Gary D. Lamarsh for property located at 3725 93rd Place NE Marysville Wa subject to conditionsRESOLUTION No./Q73
CITY OF MARYSVILLE
..._--Marysville,Washington
INCORPORATED 1191
A RESOLUTION OF THE CITY OF MARYSVILLE GRANTING A UTILITY VARIANCE
FOR GARY D. LAMARSH FOR PROPERTY LOCATED AT 3725 • 93RD PLACE NE,
MARYSVILLE,WASHINGTON,SUBJECT TO CONDITIONS.
WHEREAS,on FEBRUARY 2,2000,GARY D.LAMARSH applied for a
utility variance for WATER CONNECTION WITHOUT SEWER CONNECTION
AND FROM THE PROVISIONS OF MMC 14.03.300 FRONTAGE REQUIREMENT for
property located 3725 93RD PLACE NE,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 utility variance for a
water connection without sewer connection and a variance from the
provisions of the frontage requirements of MMC 14.03.300.
2.The existing sanitary sewer is approximately 2000 feet
from the applicant's property.
3.The applicant's property is within the City's RUSA
Boundary,CWSP Boundary and Urban Growth Boundary.
4.There is an existing 8"watermain covering a portion of
the applicant's property that is approximately 140'short of
covering the applicant's frontage.There is an existing
residence on the property east of the applicant's property.The
applicant's neighbor to the south installed the existing
watermain in 1993 and entered into a recovery contract at that
time.
5.The applicant is requesting a single water connection
for a single family residence.The applicant's request not to
cover the frontage of his property is based upon his contention
that there will be no development on property to the east of his
own that will require public water connections in the future.
The applicant also contends that to extend the line would require
the current asphalt to be cut and replaced and other unreasonable
expenses with no potential benefit to other property owners.The
applicant also contends that the financial burden of extending an
8"watermain in excess of 100'added to the cost of paying
recovery to the neighbor to the south are unreasonable.
6.Based upon the above,the City Council finds that there
is a special hardship,unique circumstance and practical
difficulty in requiring coverage of the applicant's frontage at
this time.However,if in the future there is a need for
RESOLUTION - 1
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properties to the east of the applicant's property to obtain
Public Water Service from the City,it is necessary and
appropriate to bind the applicant to pay his proportionate share.
NOW,THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF MARYSVILLE,WASHINGTON AS FOLLOWS:
1.The applicant's variance for one water connection
without sewer and the applicant's variance from the provisions of
MMC 14.03.300 are hereby granted subject to the following
conditions:
a.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 watermain serving his property if
in the future there is a bona fide need for public water
service to properties to the east of the applicant's
property.
b.The applicant shall execute an annexation covenant
or petition in accordance'with the requirements of MMC
14.32.040c.The applicant shall pay all other applicable
fees and comply with all applicable requirements of the
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.
L4 PASSED by the City Council and APPROVED by the Mayor this
/3~~day of MARCH,2000.
CITY OF MARYSVILLE
By a;luJP4
ATTEST:
BYA;X~OLE"
Approved as to form:
By ~t:.(J--eJ)
GRANT K.WEED,CITY,ATTORNEY
RESOLUTION - 2
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