ORDINANCE NO. 391

AN ORDINANCE OF THE TOWN OF SOUTH PRAIRIE, PIERCE COUNTY, WASHINGTON APPROVING THE CROSS CREEK VARIANCE TO ALLOW SIDEWALKS ON EASTERLY SIDE OF ROAD.

Whereas, Mike Goode, Willowbrook Construction, applied for a variance on Pierce County Assessor^'s parcel #253050-048-0, legal description attached hereto and incorporated by reference as Exhibit "1", and

Whereas, a public hearing was held on April 4, 2000, and

Whereas, at the public hearing the Town Planner, Mark Kask, reviewed the criterion for allowing a variance and indicated to the Council his satisfaction that the criterion had been met, and

Whereas, the variance would allow a sidewalk on the eastern side of the road, where the houses will be located, and the variance would allow no sidewalk on the west side of the road, and

Whereas, it was found that the variance is proper because there are no houses on the west side of the road and the sidewalk would interfere with a biofiltration swale that would enhance water quality to South Prairie Creek and the sidewalk would interfere with the flow of water off of the street, and

Whereas, the variance is in harmony with the Comprehensive Plan and by

allowing the variance will enhance the environment by adding treatment surface street water prior to it entering South Prairie Creek.

Now, therefore, the Town Council of the Town of South Prairie, Pierce County, Washington do ordain as follows:

Section 1: Mike Goode, Willowbrook Construction, its heirs, successors and assigns is allowed a variance to provide sidewalks only on the east side of the roadway and the short plat under Pierce County Assessor's parcel #253050-048-0, legal description attached as Exhibit "1".

Section 2: If any provision of this ordinance is determined to be invalid or unenforceable for any reason, the remaining provisions shall remain in force and affect.

Section 3: This Ordinance shall take effect and be in force five (5) days from and after its passage, approval and publication as required by law.

Mayor Layne Ross

INTRODUCED 4-11-2000

PASSED 4-11-2000

APPROVED 4-11-2000

PUBLISHED 4-19-2000

Attested:

_______________________

Marla Nevill

Town Clerk