HomeMy WebLinkAboutR-1975 - Granting in part and denying in part a utility variance for Boyden, Robinett & Associates L.P. for property located at 10719 60th Ave NE Marysville WaCITY OF MARYSVILLE
Marysville, Washington
RESOLUTION NO.1'175'
A RESOLUTION OF THE CITY OF MARYSVILLE GRANTING IN PART AND
DENYING IN PART A UTILITY VARIANCE FOR BOYDEN, ROBINETT &
ASSOCIATES,L.P. FOR PROPERTY LOCATED AT 10719 - 60TH AVENUE N.E.,
MARYSVILLE,WASHINGTON.
WHEREAS,on December 20,1999 Boyden,Robinett &Associates,
L.P.applied for a utility variance for water and sewer utilities
outside the City's RUSA boundary and for a waiver of the frontage
requirements of MMC 14.03.300 for property located at 10719 -
60th Avenue N.E.,Marysville,Washington;and
WHEREAS,on January 24,2000 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 MMC Chapter
14.32 which prohibits utility service outside of the City's
designated RUSA boundary.The applicant is also seeking a
variance from the frontage requirements of MMC 14.03.300.
2.The applicant is seeking variance approvals for one
water and one sewer connection for a single-family residence
located at 10719 -60th Avenue N.E.,Marysville,Washington.
3.The subject property is within the City's CWSP boundary
and Urban Growth boundary;however,the property is not within
the City's RUSA boundary.
4.The applicant previously received a utility variance
for water and sewer connections for the Plat of Wind Dancer
pursuant to Resolution No.1903 on October 5,1998.The
applicant did not include the unplatted parcel which is the
subject of this utility variance and did not cover the frontage
of this parcel as required by MMC 14.03.300.
5.There is an eight-inch water main and eight-inch sewer
main on 108th Street at the west property line of the Plat of
Wind Dancer.
6.The applicant has not provided information which
satisfies the variance criteria of MMC 14.03.500,as there is no
special hardship,unique circumstance or practical difficulty
which would prevent construction of the water and sewer utility
to cover the frontage of the applicant's lot.
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7.The applicant has,for the same reasons as set forth in
Resolution No.1903,satisfied the variance requirements of MMC
14.32.060.
8.In light of the above-referenced findings,the
applicant's variance for utility service outside of the City's
RUSA boundary should be granted as it meets the criteria of MMC
14.32.060.Applicant's request for a variance from the
provisions of MMC 14.03.300 should denied as it does not meet the
requirements of MMC 14.03.500.Provided,however,the applicant
may post a performance bond for coverage of the frontage of the
subject lot in a form acceptable to the City requiring completion
of said frontage requirements on or before July 30,2000.
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
and sewer for property outside the City's RUSA boundary is hereby
granted subject to the following conditions:
a.The applicant shall pay all applicable fees
required by Title 14 of the Marysville Municipal Code and
shall comply with all other requirements of City ordinance
including,but not limited to,the execution of an
annexation covenant pursuant to MMC 14.32.040.
2.The variance from the provisions of MMC 14.03.300 is
hereby denied.
3.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
o day of March,2000.
CITY OF MARYSVILLE
By ()riJUAJiJ
DAVID A.WEISER,Mayor
Approved as to form:
BY~'<'w---u-JJ
GRANT K.WEED,City Attorney
RESOLUTION - 2
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