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HomeMy WebLinkAboutR-1983 - Granting a utility variance for Olga Bjorn for property located at 17028 19th Drive NE Arlington Wa• CITY OF MARYSVILLE Marysville,Washington RESOLUTION NO.J'l?J3 A RESOLUTION OF THE CITY OF MARYSVILLE GRANTING A UTILITY VARIANCE FOR OLGA BJORN FOR PROPERTY LOCATED AT 17028 -19TH DRIVE N.E., ARLINGTON,WASHINGTON. WHEREAS,on April 6,2000 Olga Bjorn applied for a utility variance for one water connection and no sewer connection for property located 17028 -19th Drive N.E.,Arlington,Washington; and WHEREAS,on April 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 has requested a utility variance for one water connection without sewer for property located outside of the City's RUSA boundary.The applicant has also requested a deferral of the requirements set forth in MMC 14.03.300 regarding coverage of the frontage of the applicant's property. 2.The subject property is within the City's CWSP boundary and Urban Growth boundary. / 3.On September 9,1999 the State Department of Health sampled the applicant's well.The results of the test came back unsatisfactory,showing e-coli was present.A copy of the Health Department results are incorporated by this reference. 4. adjoining service. agreeing The applicant would require an easement from the neighbor,Cedar Communications,for a temporary water A letter from Cedar Communications dated April 4,2000 to such an easement is incorporated by this reference. 5.Sanitary sewer is not available in the vicinity of the applicant's property. 6.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. 7.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. 8 . 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. RESOLUTION - 1 jwpf/mv/bjorn.res r-"' 9.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 one water connection and no sewer connection·is hereby granted subject to the following conditions: a.The applicant shall execute an agreement to participate in the construction and installation of a future 8-inch water main in 19th Avenue N.E.and shall sign an agreement consenting to the formation of an LID or ULID as appropriate.A copy of the form of agreement to be signed by the applicant is attached as Exhibit A and incorporated by this reference. b.The applicant shall pay all applicable fees and comply with all applicable provisions of the Marysville Municipal Code. c. properly prior to The applicant shall provide the City with a executed utility easement from Cedar Communications connection to the City's water system. 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.. .nPASSED by the City Council and APPROVED by the Mayor this dJ.M day of May,2000. CITY OF MARYSVILLE By_fl:J~M~~!:""-'A-t-r-t-r-__ DAVID A.WEISER,Mayor Approved as to form: BY~~KlJg£)G~K.WEED,City Attorney RESOLUTION - 2 Iwpf/mv/bjorn.res