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CIT Y 0 F MAR Y S V ILL E
Marysville,Washington
ORDINANCE No./Cf8
AN ORDINANCE OF THE CITY OF MARYSVILLE DESIGNATING ZONING
FOR PROPERTY OWNED BY RON OTIS,AMENDING THE OFFICIAL
ZONING MAP PREVIOUSLY ADOPTED IN ORDINANCE NO.772,
APPROVING THE PRELIMINARY PLAT AND PRELIMINARY SITE PLAN
FOR THE SUBDIVISION OF BUENA VISTA,AND APPROVING A
VARIANCE RELATING TO LOT WIDTH.
WHEREAS,Ron otis owns approximately seven acres located
south of 55th Street N.E.,east of 67th Avenue N.E.,and west of
71st Avenue N.E.,said property being legally described in
Exhibit A attached hereto;and
WHEREAS,Ron otis applied to the city for a zoning
designation of RS-9600,for preliminary plat approval,approval
of a binding site plan,and variance to lot width under File No.
PA 9104012;and
WHEREAS,the City Hearing Examiner held a public hearing on
said application and entered written Findings of Fact,
Conclusions and a Recommendation on December 20,1991;and
WHEREAS,the city council,at its January 27,1992 meeting,
considered the Hearing Examiner's request and remanded the same
to the Hearing Examiner to'resolve issues regarding the private
road which serves 55th Street N.E.and issues relating to a lot
line between the applicant and adjacent property owners;and
WHEREAS,the Hearing Examiner conducted a second public
hearing on February 20,1992 and entered Findings,Conclusions
and a revised Recommendation dated March 6,1992;and
WHEREAS,sUbsequent to the second Hearing Examiner
Recommendation,city Staff,the applicant and adjacent property
owners met and agreed upon a resolution to the private road
issues and issues regarding a lot line between the applicant and
adjacent property owners;and .
WHEREAS,the city Council held a pUblic hearing on the
application for zoning designation,preliminary plat and binding
site plan on April 13,1992 and concurred with the Hearing
Examiner's Findings,Conclusions and Recommendation,but with
revisions thereto;NOW,THEREFORE,
THE CITY COUNCIL OF THE CITY OF MARYSVILLE,WASHINGTON DO
ORDAIN AS FOLLOWS:
ORDINANCE - 1
section 1.Except as otherwise provided below,the Findings
of Fact,Conclusions and Recommendation of the Hearing Examiner
with respect to the above-referenced zoning designation,
preliminary plat,binding site plan and variance application are
hereby approved,and the above-described property is hereby zoned
RS-9600.
section 2.A variance is hereby granted to the minimum lot
width on the basis that said variance is a minor adjustment given
the fact that the applicant has agreed to revise the plat to deed
the ownership of the portion of the access road constructed
outside of the 30-foot easement area and encroaching onto the
applicant's property,to the properties to the north and will
include an additional 3-foot setback to allow for shoulder
maintenance of the private road along Lots 15,16 and 17 of the
Plat of Buena vista.The grant of the variance is not a special
privilege,given the fact that said variance would merely allow
the applicant to develop his property with the maximum number of
lots,consistent with zoning code requirements.
section 3.The zoning designation and variance for the
above-described property shall be perpetually conditioned upon
strict compliance with each of the conditions set forth in the
Recommendation of the Hearing Examiner.Violations of any of the
conditions of said Recommendation may result in reversion of the
property to the previous zoning classification and/or may result
in enforcement action being brought by the City.
section 4.The official zoning map of the City of
Marysville as adopted in section 5.02 of Ordinance 772 is hereby
amended to reflect the zoning designation of the above-described
property.
section 5.This decision shall be final and conclusive with
the right of appeal by any aggrieved party to the Superior Court
of Snohomish County by writ of certiorari,writ of prohibition,
or writ of mandamus with in fifteen (15)calendar days after the
passage of this ordinance.
~PASSED by the City Council and APPROVED by the Mayor this
~day of April,1992.
MAYOR
CITY OF MARYSVILLE
By~-",--,=M""",,!&Af!IOCJ<I-~_-'-;;";;-;;=
ATTEST:
BY~~RK
ORDINANCE - 2
Approved as to form:
By A.A-Jt't:~
CITY ATTORNEY
Date of Publication:
Effective Date (5 days after pUblication):
ORDINANCE - 3
April 28,1992
Legal description for BUENA VISTA
PA 9104012
THE SOUTH HALF OF THE NORTH HALF OF THE SOUTHWEST QUARTER OF
THE NORTHWEST QUARTER OF SECTION 35,TOWNSHIP 30 NORTH,
RANGE 5 EAST,W.M.;
LESS THE WEST 3 ACRES THEREOF AND LESS 7lIST AVENUE N.E.
ALSO EXCEPT THE FOLLOWING DESCRIBED PARCEL:
COMMENCING AT THE NORTHWEST CORNER OF THE ABOVE DESCRIBED
TRACT OF LAND;
THENCE NORTH 89033'37"EAST ALONG THE NORTH LINE THEREOF,A
DISTANCE OF 217.00 FEET TO THE POINT OF BEGINNING;
THENCE CONTINUING NORTH 89°33'37"EAST,A DISTANCE OF 408.02
FEET;
THENCE SOUTH 00°26'23"EJ\.ST,A DISTANCE OF 5.00 FEET;
THENCE SOUTH 89°02'12"WEST,A DISTANCE OF 209.82 FEET;
THENCE SOUTH 89°45'12"WEST,A DISTANCE OF 198.22 FEET;
THENCE NORTH 00°26'23"WEST,A DISTA~CE OF 6.25 FEET
TO THE POINT OF BEGINNING.