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HomeMy WebLinkAboutR-2006 - Granting a utility variance for Nathan and Sherri Kelley for property located at 12412 54th Drive NE Marysville Wa:)...}. r;:~1 4 CITY OF MARYSVILLE Marysville,Washington RESOLUTION NO.2.bOb A RESOLUTION OF THE CITY OF MARYSVILLE GRANTING A UTILITY VARIANCE FOR NATHAN AND SHERRI KELLEY FOR PROPERTY LOCATED AT 12412 -54TH DRIVE N.E.,MARYSVILLE,WASHINGTON. WHEREAS,on April 4,2000 Nathan and Sherri Kelley applied for a utility variance proposing to exceed the densities contained in the City's RUSA plan and instead requesting utility connections consistEnt with the densities provided in the City!s Comprehensive Land Use and Utility Plans;and WHEREAS,on August 7,2000 the City Council of the City of Marysville held a public meeting concerning the variance application and made the following findings: 1.Applicant has applied to Snohomish County to develop a plat which would require approximately fourteen (14)sewer and water connections. 2.The subject property is within the City's RUSA,CWSP and Urban Growth boundaries. 3.There is a six-inch water main in 121st Street.The water main will need to be upgraded from a six-inch to an eight- inch and extended to the site per the Marysville Municipal Code and City standards.There is a 10-inch sewer main in 121st Street that will also need to be extended to the site from Trunk "A"in 51st Avenue NE. 4.The applicant's request is for 4.67 du/net acre."The City's comprehensiv2 land use and utility plans allow up to five (5)du/net acre.The comprehensive land use and utility plans are a more recent adoption of the City's policies than the RUSA plan. 5.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. 6.The above-referenced findings reflect exceptional or extraordinary circumstances or conditions applying to the subject property that do not generally apply to other properties in the same vicinity. 7 . 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 /wpf/mv/kelley.res 8.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 use. NOW,THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ,THE CITY OF MARYSVILLE,WASHINGTON AS FOLLOWS: A.The variance for the applicant's connection to City sewer and water is hereby granted,subject to applicant meeting all of the following conditions: 1.That the number of water and sewer connections to the applicant's property not exceed five (5)du/acre. 2.That the applicant upgrade the six-inch water main to an eight-inch water main in order to provide adequate fire flow to the proposed plat and extend to the site per Marysville Municipal Code and City standards.The applicant will also be required to extend the sewer main to the site from Trunk "A"in 51st Avenue NE,and pay all applicable fees. 3.The applicant shall comply with all other applicable provisions of the Marysville Municipal Code as it pertains to the provision of sewer and water service. B.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. A PASSED by ~h~City Council and APPROVED by the Mayor this :J~day of LJC.JrC1~,2000. CITY OF MARYSVILLE By /liIu)~ ATTEST: 'y=9~TY CLe", Approved as to form: By M-t?>?Ctlc&.~~•CITYA'rORNEY RESOLUTION - 2 Iwpf/mv/kelley.res --- I