HomeMy WebLinkAboutO-0912 - Street department code variances; repeals Sec. 12.02.110 (Repealed by 2724)..~
CIT Y 0 F U A R Y S V ILL E
i'larysvillc,Hashing ton
ORDINAHCE NO.~
An Ordf.nance of the City of i·larysville repealing Section 9 of
Ordinanc~~o.700,Qore particularly kno~m as Section 12.02.110
of the Marysville Municipal Code,and enacting a procedure
for obtaining variances to the Marysville Street Code.
THE CITY COUNCIL OF THE CITY OF ~~YSVILLE,\~ASHINGTON DO ORDAIN AS
FOLLOWS:
Section 1.Repealer.Section 9 of Ordinance No. 700 adopted by the
City Council in 1970,more particularly described as Section 12.02.110 of the
Narysville :i·Iunicipal Code,heretofore reading as follows:
"The permittee may, by application in writing,request a
variance from the code requirements \~1ere it can be sho~m that
undue hardship woul.d o the rwi.se result.II
BE AND TH£SANE IS HEREBY REPEALED.
Section 2.Variances from Code.The City Council shall have the
authority to grant a variance from the requirements of the Street Department Code
or from the requirements of this chapter,after considering the matter at a public
hearing duly called in accordance with the procedures specified below.No
application for a variance shall be granted by the Council unless the Council finds:
(a)That special conditions and circumstances exist which are
peculiar to the land such as size,shape,topography or location,
not applicable to other lands in the same neighborhood,and that
literal interpretation of the provisions of the Street Code and
this chapter would deprive the property owner of rights commonly
enjoyed by other properties simiar1y situated in the same neighhor-
hood.
(b)That the special conditions and circumstances do not result
from the actions of the applicant,and are not self-ilaposed hardships.
(c)That granting the variance requested will not confer a special
privilege to the subject property that is denied other lands in the
same neighborhood.
(d)That the granting of the variance will not be materially
detrimental to the public welfare or injurious to the property or
improvements in the neighborhood in which the subject property is
situated.
(e)That the granting of the variance rzquested will be in harmony
with the eeneral purpose and intent of the Street Code and this
chapter.
(f)That th~purpose of the variance is not merely to permit the
subject property to be utilized more profitably by the owner or to
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economize on the cost of improving the property.
Section 3.Conditions.In granting any variance the City Council
may prescribe appropriate conditions and safeguards that will ensure that the
purpose and intent of the Street Code and this chapter shall not be violated.
Pur t he r ,the City Council may require the applicant to post a performance bond
guaranteeing compliance with such conditions.Violation of conditions and safe-
guards contained in a variance shall be considered to be a violation of this
chap ter and punishable under Section 1.01.080 of the Uarysville Hunicipa1 Code.
Section 4.Effective Date of Variance.The decision of the City
Council granting or denying a variance shall not become final until the expiration
of ten (10)days from the date of entry of such decision in the official records
of the City Council.An aggrieved party ulay file an appeal of such decision to the
Snohomish County Superior Court within said ten-day period;if no such appeal is
filed,the decision shall thereupon become final.
Section 5.Procedure.Application for a variance Shall be [ileu with
the City Clerk in t-lriting and shall be accompanied by a fee of $$0.00 In
addition to said fee the applicant shall be responsible for reimbursing the City
for any and all costs incurred for publishing ler,al notices in connection \lith the
application,and shall be responsible for providing a copy of the Snohontsh County
Assossor's records showing tae legal O,-lllers of all property within 200 feet of the
subj oct property.'1'he application shall contain a st atcmenr as to ~~'hy tho variance
il;)necessary,and why it woul.d meet tha criteria of this chap t ar ,It shall also
contain a scale draHi'l.l8 of the subject propcrtys abutting roads,and all property
within 200 feet thereof.
Section 6.Public ~ot1ce and hearing.Proper notice of a iloarittt on
a variauco application before the City Council shall be 805 follows:
(a)One publication in the official U2wspapor for tllo City of
Marysville at least ten (10)days prior to the date of hearing.
(b)Posting of copies of the Notic~of HearinG at least ten (10)
days prior to the hearing in:
1.l1arysvillc City Uall,
2.The United States Post Office in the City of Marysville,and
3.In a conspicuous place on the property which is the
subject matter of the application.
(c)lvrittcn notice mailed to the owner or reputed owner of
property within 200 feet of the property which is the subject matter
of the application,which ownerahfp is deemed to be that of tha
last owner of record in the files of the Snohomish County Assessor,
said notice to be mailed at least ten (10)days prior to the date of
the hearing.
(d)The Compliance Officer of the City shall be responsible for
the mailing and publication of all required notices.lie shall
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uilig~ntly observe the foregoing requirements,but minor inaccur-
acies in giving such notice shall not invalidate the proceedings
of the City Council.
...!PASSED by the City Council and APPROVED by the ttayo r this
of -\¥o~,1976.
THE CITY OF }~RYSVILLE
s1:8 day
BY~~
HAYOR
ATTEST:
i3y ~_
City Clerk
APP1WVED AS TO FOlm:
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