HomeMy WebLinkAboutR-2011 - Granting a utility variance for Equilon Enterprises, LLC for property located at 10210 State Ave Marysville Wa.~.,;
CITY OF MARYSVILLE
Marysville,Washington
RESOLUTION NO.d-Ol!
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A RESOLUTION OF THE CITYOF MARYSVILLE GRANTING A UTILITY VARIANCE
FOR EQUILON ENTERPRISES,LLC FOR PROPERTY LOCATED AT 10210 STATE
AVENUE,MARYSVILLE,WASHINGTON,
WHEREAS,on October 6,2000 the Tulalip Tribes on behalf of
Equilon Enterprises,LLC applied for a utility variance from MMC
14.03.300 for property located 10210 State Avenue,Marysville,
Washington;and
WHEREAS,on October 23,2000 the City Council of the City of
Marysville held a public meeting concerning the variance
application and made the following findings:
1.On October 6,2000 the applicant applied for a utility
variance from the provisions of MMC 14.03.300.
2.During the public meeting relating to this matter held
on October 23,2000,the Marysville City Council determined that
a variance was also required from the provisions of MMC 14.03.200
which limits a private sewer to no longer than 500 feet.The
applicant's line would extend approximately 800 feet.
3.The applicant's property is within the City limits,
RUSA boundary,CWSP boundary,and Urban Growth boundary.
4.The Tulalip Tribes are extending a 24-inch water main
from State Avenue and 100th Street to 88th Street and 1-5.Such
improvement is consistent with the City's water comprehensive
plan,the Joint Operating Agreement between the Tribes,PUD and
City,and the 1995 Wheeling Agreement between the City and the
Tribes.
5.The installation of said 24-inch water main requires
boring under the railroad tracks at 102nd Street.The bore pit
will destroy the existing drainfield for the applicant's property
at 10210 State Avenue.In lieu of rebuilding the drainfield,the
applicant requests to install a private grinder lift station and
force main to the existing gravity sewer in 100th Street and
State Avenue.
6.The City's Comprehensive Sewer Plan requires an 18-inch
trunk sewer in State Avenue which will front the applicant's
property.It is anticipated that this trunk sewer will be
installed within five years.Said sewer main would provide
RESOLUTION - 1
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gravity sewer service to the applicant's property and eliminate
the need of a private grinder lift station.
7.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.
8.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.
9.
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.
10.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.
NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF MARYSVILLE,WASHINGTON AS FOLLOWS:
1.The applicant's variance from MMC 14.03.200 and MMC
14.03.300 is hereby granted subject to the following conditions:
a.The applicant shall install a grinder pump and
force main to 100th Street at its own expense.The
applicant shall be required to operate and maintain said
grinder pump and force main.
b.The applicant shall execute a covenant not to
protest the formation of a future LID and/or to participate
in its pro rata share relating to any developer extension of
the sewer main in State Avenue when said main is extended.
c.At such time as gravity sewer is available to the
applicant's property,it shall disconnect from the private
lift station and connect to the City's gravity sewer system,
all at its own expense.
d.The applicant shall comply with all other
applicable provisions of Title 14 of the Marysville
Municipal Code.
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
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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
/3 day of November,2000.
CITY OF MARYSVILLE
By aJfI~
DAVID A.liEtSER,Mayor
ATTEST~:_~
ENSON,City Clerk
Approved as to form:
By /JkJk.LAv.-J2
GRANT K.WEED,City Attorney
RESOLUTION -3
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