HomeMy WebLinkAboutR-2015 - Granting a utility variance for Lanny Kelly/Meg Kelly Smith for property located at 5804 100th St. NE Marysville War
CITY OF MARYSVILLE
Marysville,Washington
RESOLUTION NO.dol S--
~.~:~
cc:~
~/fkp;t.
A RESOLUTION OF THE CITY OF MARYSVILLE GRANTING A UTILITY VARIANCE
FOR LANNY KELLY/MEG KELLY SMITH FOR PROPERTY LOCATED AT S804 -
100TH STREET N.E., MARYSVILLE,WASHINGTON.
WHEREAS,on September 8,2000 Lanny Kelly/Meg Kelly Smith
applied for a utility variance for six (6)water and (6)sewer
connections for a proposed four-lot short plat for property
located at 5804 -100th Street N.E.,Marysville,Washington;and
WHEREAS,on October 9,2000 the City Council of the City of
Marysville held a public meeting concerning the variance
application and made the following findings:
1.The applicant seeks a variance from the density
requirements of the City's adopted RUSA plan and Comprehensive
Water and Sewer Plans.
2.The applicant's property is within the City's RUSA,
CWSP and Urban Growth boundaries.
3.The applicant has proposed 6 du/net acre for single-
family and 8.3 du/net acre for duplexes.The City's RUSA plan
allows only 4.5 du/acre.The City's Comprehensive Plan allows
5 du/net acre for single-family and 6 du/net acre for duplexes.
4.There is a 10-inch water main on the south side of
100th Street N.E.which fronts the site.There is a utility main
fee of $2.25 per foot for frontage on 100th Street N.E.
5.There is an existing 8-inch sewer main with a 6-inch
stub to the southeast corner of the applicant's property.
Coverage of the applicant's frontage has been administratively
waived.
6.The City's Comprehensive Water and Sewer Plan is a more
current reflection of the City's utility planning policy and
should control over the density requirements of the City's RUSA
plan.
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.
RESOLUTION - 1
Iwpf/mvjkelly.res
~---------~----~~------------------_._--_.~------------
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 availabi~ity 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 variance for the applicant's connection to City
water and sewer is hereby granted subject to the following
conditions:
a.That the applicant's project not exceed the
densities set forth in the City of Marysville Water and
Sewer Comprehensive Plans,i.e.,5 du/net acre for single-
family lots and 6 du/net acre for duplexes.
b.That the City will approve only that number of
connections which do not exceed the maximum densities set
forth in the City of Marysville Comprehensive Water and
Sewer Plans.
c.That the applicant meet all other applicable
requirements 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
Land Use Petition Act within twenty-one (21)days after the
passage of this resolution.
LjPASSED by the City Council and APPROVED by the Mayor this
I :s~~day of November,2 aaa.
CITY OF MARYSVILLE
By O~cJ~
DAVID A. WEISER,Mayor
Approved as to form:
By AAo-JK 0,J-Y<Q
GRANT K.WEED,City Attorney
RESOLUTION - 2
/wpf/mv/kelly.res