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HomeMy WebLinkAboutR-2024 - Granting a utiltiy variance for Airpark Industries, LLC for property located at 16621 51st Ave. NE Marysville Wa.J:', .--'-If.--"II. ------------ CITY OF MARYSVILLE Marysville,Washington RESOLUTION NO.;202'f A RESOLUTION OF THE CITY OF MARYSVILLE GRANTING A UTILITY VARIANCE FOR AIRPARK INDUSTRIES,LLC FOR PROPERTY LOCATED AT 16621 51st AVENUE N.E.,MARYSVILLE,WASHINGTON. WHEREAS,on October 27,2000,AIRPARK INDUSTRIES,LLC applied for a utility variance for one water connection and one sewer connection for property located at 16621 51st Ave.N.E., Marysville,Washington;and WHEREAS,on December 4,2000,the City Council of the City of Marysville held a public meeting concerning the variance application and made the following findings: 1.The subject property is within the Arlington city limits and the Arlington urban growth boundary. 2.While the City is not within the Marysville city limits,the Marysville RUSA or CWSP boundaries,the subject property is within an area which the City of Marysville has agreed to serve through an interlocal agreement with Arlington on an interim basis. 3.There is a 12-inch water main in 51st Ave.N.E.and an 18-inch sewer main in 51st Ave.fronting the applicant's site. 4.The City of Marysville provides water and sewer service to the existing house located on the site.There is also an existing City of Marysville sewer easement 30 feet into the applicant's property. 5.Utility service is not presently available to the site from the City of Arlington.Arlington's nearest utility stub is located on SR 531,approximately 2,000 feet north of the property. 6.The City of Arlington has consented to allow the property to be served on an interim basis by the City of Marysville,subject to the property owner executing an agreement to connect to Arlington sewer and water when they become available. 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. RESOLUTION - 1 /wpf/mv/airpark.res 10----- ·......- 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 variance for the applicant's connection to City water and sewer is hereby granted subject to the following conditions: a.The applicant/owner shall transfer water and sewer connection from the Marysville utility system to the Arlington utility system within one year after the installation of water/sewer in 51st Ave. b.The applicant/owner shall pay all applicable water and sewer connection fees to the City of Marysville at the time of connection. c.The applicant/owner shall pay all applicable water and sewer connection fees at the time the utilities are transferred to the City of Arlington and no credit for fees previously paid to Marysville will be given. d.The applicant/owner shall pay all other applicable fees and comply with all other provisions of the City of Marysville Utility Code--Title 14. e.Prior to connection to Marysville utilities,the City of Arlington shall be required to review and approve the water and sewer plan of the applicant,assuring compliance with Arlington utility standards. 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. RESOLUTION - 2 /wpf/mv/airpark.res •.-r lo \.... ~~tfASSED by the City Council and APPROVED by the Mayor this ~day of January,2001. CITY OF MARYSVILLE ByJd--1<t<J~'MJ~'A'_ ATTEST: BY~!'CITY CLERK Approved as to form: BY~r.U~ ,CITY ATTORNEY RESOLUTION - 3 /wpf/mv/airpark.res