HomeMy WebLinkAboutR-2009 - Granting a utility variance for Darling Investment, LLC for property located at 71st Ave NE -Soper Hill Road, Marysville Wa..
CITY OF MARYSVILLE
Marysville,Washington
RESOLUTION NO.2Doq
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A RESOLUTION OF THE CITY OF MARYSVILLE GRANTING A UTILITY
VARIANCE FOR DARLING INVESTMENT,LLC FOR PROPERTY LOCATED AT
71ST AVENUE N.E.-SOPER HILL ROAD,MARYSVILLE,WASHINGTON.
WHEREAS,on July 12,2000 Darling Investment,LLC applied
for a utility variance pursuant to MMC 14.32.060(4)from the
provisions of MMC 14.32.020 which precludes utility service to
properties located outside the City limits and outside the
adopted RUSA boundary for property located at 71st Avenue N.E.-
Soper Hill Road,Marysville,Washington;and
WHEREAS,Applicant's request also requires a variance
pursuant to MMC 14.01.040(2)from the provisions of MMC
14.01.040(1)which prohibits connection to City sewer service
unless the subject property is also connected to City water;and
WHEREAS,on August 28,2000 the City Council of the City of
Marysville held a public meeting concerning the variance
application and made the following findings:
1.Applicant has or will apply to Snohomish County to
develop a plat which would require approximately fifty-three (53)
sewer connections.The property is within the City's Urban
Growth Boundary.
2.The subject property is located in the Snohomish County
CWSP and would be provided water service from the PUD.
3.The utility variance has mutually been held in abeyance
while the City conducted an analysis of the utility needs
consistent with the City's Comprehensive Sewer Plan.The City
has designed or is in the process of designing a sewer trunkage
system that could serve the applicant's property and the general
region in the vicinity of applicant's property.
4.The City has planned to develop the sewerage system in
the region in phases.Phase I has been designed and let for bid.
Applicant's request would require development of additional
phases of the Trunk "D"sewer main.
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
RESOLUTION - 1
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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.
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,which is Single-Family Residential.
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 without water for property outside of the City's RUSA
boundary is hereby granted,subject to applicant meeting all of
the following conditions:
l.
shall be
of Trunk
Connections to the City sanitary sewer system
contingent upon the construction of future phases
"D"sufficient to serve the site.
2.The applicant shall participate and work with
other interested parties in development of Trunk "D"through
a special assessment,ULID or other cost-sharing method.
3.The applicant shall comply with all applicable
provisions of the Marysville Municipal Code as it pertains
to the provision of sewer service.
4.The applicant shall execute an agreement with the
City which would address the following issues:
(a)Mitigation of development impacts.
(b)Development standards and local land use
consistent with the City plans and standards.
(c)Consistency with City Comprehensive Plan and
land use designations.
(d)Provisions under which the property would be
annexed to the City.
Ie)Participation in Trunk "D"development,
including,but not limited to,payment of fair pro rata
share per lot to be applied toward the existing
Sunnyside and future Soper Hill Regional Lift Stations
that serve the subject property.
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Imv/darl.res
(f)Development of a collection system consistent
with the City's Comprehensive Sanitary Sewer Plan.
(g)Such other matters as deemed necessary and
appropriate by the City.
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.
~ASSED by the City Council and APPROVED by the Mayor this;3 day of /7o~,2000.
CITY OF MARYSVILLE
By tL;~
DAVID A. WEISER,Mayor
ATTEST:
BY~~MARNSO:ity Clerk
Appcoved e,co £o~
BY~(C(
dRANT K.WEED,City Attorney
RESOLUTION - 3
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