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HomeMy WebLinkAboutR-1989 - Granting a utility variance for Gateway Everett, LLC for property located at 18111 25th Ave NE Arlington WaCITY OF MARYSVILLE Marysville,Washington RESOLUTION NO.I q~q A RESOLUTION OF THE CITY OF MARYSVILLE GRANTING A UTILITY VARIANCE FOR GATEWAY EVERETT,LLC FOR PROPERTY LOCATED AT 18111 - 25TH AVENUE N.E.,ARLINGTON,WASHINGTON. WHEREAS,on April 5,2000 Gateway Everett,LLC applied for a utility variance for forty-one (41)water and sewer connections for property located at 18111 -25th Avenue N.E.,Arlington, Washington;and WHEREAS,on May 1,2000 the City Council of the City of Marysville held a public meeting concerning the variance application and made the following findings: 1.In May 1998 the City granted the previous property owner (3WD,Inc.)a utility variance pursuant to Resolution No. 1887.In March 1999 the City granted 3WD,Inc.a one-year extension for connection to City utilities pursuant to Resolution No.1922.The provisions of Resolutions 1887 and 1922 are incorporated by this reference. 2.The current property owner,Gateway Everett,LLC,has requested an extension of time for connection to City utilities pursuant to MMC 14.32.060(5). 3. request 288-unit On April 5,2000 the applicant submitted a revised for 41 water connections and 41 sewer connections for a naval housing project and community building. 4.While the subject property is not within the City's RUSA or CWSP boundaries,it is located within the City's Urban Growth boundary. 5.Given the City's prior actions pursuant to Resolutions 1887 and 1922,it is appropriate to approve a utility variance subject to the same conditions set forth in Resolutions 1887 and 1922. 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.The variance is necessary for the preservation and rl~"r: enjoyment of a substantial property right of the applicant possessed by owners of other properties in the same vicinity. 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 proposed uses,which are residential and community building. 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 City water and sewer is hereby granted subject to the following conditions: a.The applicant shall comply with each and every condition set forth in Resolutions 1887 and 1922. b.The applicant shall pay all applicable fees and shall otherwise comply with all provisions of the City's utility 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. ~PASSED by the City Council and APPROVED by the Mayor this ~.,\day of June,2000. CITY OF MARYSVILLE ATTEST: BY~CITY CLERK Approved as to form: ByA~A:U~ .CITY ATTORNEY RESOLUTION - 2 jwpf/mv/gateway.res