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HomeMy WebLinkAboutR-1974 - Denying an application for utility variance for Borseth Construction, Inc. for property located at 4617 120th St. NE Marysville Wai-..,......"".I-~ I-~ CITY OF MARYSVILLE Marysville,Washington RESOLUTION NO.1"/7'-1 A RESOLUTION OF THE CITY OF MARYSVILLE DENYING AN APPLICATION FOR UTILITY VARIANCE FOR BORSETH CONSTRUCTION,INC. FOR PROPERTY LOCATED AT 4617 - 120TH STREET N.E., MARYSVILLE,WASHINGTON. WHEREAS,on November 2,1999 Borseth Construction,Inc. applied for a utility variance for sewer service for property located 4617 -120th Street N.E.,Marysville,Washington;and WHEREAS,on January 24,2000 and February 7,2000 the City Council of the City of Marysville held public meetings concerning the variance application and made the following findings: 1.The applicant applied for a utility variance from the provisions of MMC 14.03.300 and proposed a gravity sewer system contrary to the City's Sewer Comprehensive Plan for property located at 4617 -120th Street N.E.,Marysville,Washington. 2.The applicant is proposing to connect a proposed six- lot short plat to the Marshall School sewer system by extending a sewer main from the existing Lloyd Short Plat. 3.The applicant's property is not included within the area designed for sewer service when the sewer line serving the Marshall School was constructed. 4.The applicant's site is to be serviced under the City's Sewer Comprehensive Plan by a future extension of the system from 100th Street and Smokey Point Boulevard. 5.The applicant's proposed connection to the sewer line serving Marshall School does not comply with the City's design standards or Sewer Comprehensive Plan standards for gravity service in several respects,including,but not limited to,the following: a.The alignment of the proposed sewer line does not comply with City standards. b.The 10-inch sewer line would be relatively flat and would require an unacceptable level of maintenance and operation. c. to eight future. RESOLUTION - 1 jwpf/mv/borseth.res2 The proposed sewer line could only provide service connections and could not be added to in the 7 j ..,.r .' ..., .~.... d.The requirement that there be not less than five feet of cover over the line could not be met.The proposed extension would have a depth of between three and one-half to four feet. e.The applicant's proposal to raise the elevation of the road by one foot in order to meet the coverage requirement is unacceptable. 6.All information contained in the City Council agenda bills for January 24,2000 and February 7,2000,as well as the minutes pertaining to this application for the City Council meetings of January 24,2000 and February 7,2000,are hereby incorporated by this reference. NOW,THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MARYSVILLE,WASHINGTON AS FOLLOWS: 1.Based upon the above-referenced findings,the applicant has not met the variance requirements of MMC 14.03.500 and cannot comply with the requirements of the City's Sewer Comprehensive Plan or design standards which are incorporated by this reference.As a result,the applicant's variance request is hereby denied. 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. 3~PAS S E D by the City Council and APPROVED by the Mayor this I day of March,2000. C'TY~::,YSV'L~' By W-tJ£MM DAVID A.WEISER,Mayor ATTEST: Clerk Approved as to form: By /:J Ae=tK GJ~ GRANT K.WEED,City Attorney RESOLUTION - 2 /wpf/mv/borseth.res2