HomeMy WebLinkAboutR-1986 - Amending Resolution No. 1980 relating to the grant of a utility variance for Duane Smith for property located at 5115 124th PL NE, Marysville WaCITY OF MARYSVILLE
Marysville,Washington
RESOLUTION No/780
RESOLUTION AMENDING RESOLUTION NO.1980 RELATING TO
THEGRANT OF A UTILITY VARIANCE FOR DUANE SMITH FOR
PROPERTYLOCATED AT 5115 -124TH PL NE,MARYSVILLE,
WASHINGTON.
Be it resolved by the City Council of the Cit of Marysville,
Washington as follows:
Resolution No.1980 adopted May 8,2000 is hereby ammended to
read as follows:
WHEREAS,on February 29,2000,Duane Smith applied for a
utility variance from the land use densities set forth in the
City's Rural utility Service Area (RUSA)plan for property
located at 5115 -124th Place N.E.,Marysville,Washington;and
WHEREAS,on March 27,2000 the Marysville City Council held
a public meeting concerning the variance application and received
public input from the applicant and City staff;and
WHEREAS,on March 27,2000 the Marysville City Council,
having reviewed all of the input from the applicant and staff,
and having reviewed each of the exhibits attached to the City
Council Agenda Bill of March 27,2000,all of which is
incorporated by this reference;and having reviewed Chapter 14.32
of the Marysville Municipal Code relating to the City's RUSA
requirements,and having been fully advised in the premises,
hereby makes the following findings,conclusions and decision:
1.Applicant Duane Smith made application for a utility
commitment letter on February 29,2000 for three (3)water and
three (3)sewer connections for the subject property.
2.The property proposed for development by Duane Smith is
within unincorporated Snohomish County but within RUSA,the
City's utility planning area.It is also within the City's Urban
Growth Area and within the City's Land Use and Utility
Comprehensive Planning Areas.
3.MMC 14.32 requires that an applicant for utility
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areas
In
RUSA
service outside of the city limits comply with the densities
prescribed in the City's RUSA plan.However,an applicant may
apply for a variance from the densities of the City's RUSA plan
pursuant to MMC 14.32.060.The criteria for review of a variance
request are stated therein.
4.One of the purposes of RUSA is'to allow the City to
establish long range plans for the growth and control of its
utility system outside of the City limits.Its purpose also is
to assist in accurately forecasting the demand for City utilities
and to provide property owners and Snohomish County authorities
with an indication of the City's long range utility plans (MMC
14.32.010).
5.RUSA is intended to promote the orderly growth of
outside the City limits which may be annexed in the future.
order to promote orderly and coordinated growth,the City's
plan requires that an applicant for utilities develop at
densities consistent with the City's RUSA plan.Unless a
variance is applied for and granted,any authorization for
utility services must be conditioned upon continued compliance
with the RUSA plan (MMC 14.32.040(3)).One of the primary
purposes for this requirement is to ensure that the City's
utility system retains adequate capacity to serve all properties
within the City limits and to meet its existing utility
obligations.
6.Under the City's utility code,no utility connection is
to be approved which is inconsistent witp the long range plans of
the City's utility system.Such long range plans include
development which is consistent with the City's Comprehensive
water and Sewer Plans and the development densities stated in the
City's GMA Comprehensive Plan.
7.Since the City's Comprehensive Water and Sewer Plans
and the City's GMA Comprehensive Plan are the most current plans
which are available and which comply with the requirements of the
Growth Management Act,it is appropriate to consider and approve
a variance from the RUSA plan densities.The RUSA plan densities
are lower than those planned for under the City's Water and Sewer
Comprehensive Plans and GMA Comprehensive Plan.
8.While the applicant has shown that it can meet the
variance criteria of MMC 14.32.060(4),the variance should be
allowed from the City's RUSA plan densities and approved subject
to compliance with the City's general comprehensive plan
densities.The densities under the City's comprehensive plan for
the subject property are 4-5 dwelling units per net acre.The
number of water and sewer connections allowed should be
consistent with the City's planned densities for this property.
9.MMC 14.32.060 authorizes the City to grant variances
subject to conditions.
RESOLUTION - 2
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10.In light of the above-referenced findings,the
authorization of the variance subject to the below-stated
conditions will not be materially detrimental to the public
interest,welfare,or the environment.
11.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.
12.Based upon the above-referenced findings,the variance
is necessary for the preservation and enjoyment of a substantial
property right of the applicant possessed by owners of other
properties in the same vicinity.
13.Subject to the conditions stated below,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.
NOW,THEREFORE, BE IT RESOLVED BY TBE CITY COUNCIL OF THE
CITY OF MARYSVILLE,WASHINGTON AS FOLLOWS:
1.The variance from the City's RUSA plan densities is
hereby GRANTED subject to the following conditions:
a.Compliance with the City'S sewer,water and GMA
Comprehensive Plan densities,which are 4-5 dwelling units
per net acre;
b.Consistency with the city road standards;
c.Compliance with all other applicable requirements
of MMC Chapter 14.32.
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.
PASSED by the City Council and APPROVED by the Mayor this
5th day of Mfty,2000.
j'lA n-e,
CITY OF MARYSVILLE
By {L;Ct141i4
DAVID A.WEISER,MAYOR
RESOLUTION -3
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ATTEST:
,CITY CLERK
as to form:
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GRANT K.WEED,CITY ATTORNEY
RESOLUTION -4
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