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Home My WebLink AboutO-1893 - Rezone (Special)l-ItWc... .;l -600/(/)"';'. /~9JofJ~ /-@~ CIT Y 0 F MAR Y S V ILL E Marysville,washington ORDINANCE NO.I 11i{5 AN ORDINANCE OF THE CITY OF MARYSVILLE AFFIRMING THE DECISION OF THE HEARING EXAMINER AND REZONING PROPERTY OWNED BY GARY AND JAN CARTER,AMENDING THE OFFICIAL ZONING MAP PREVIOUSLY ADOPTED IN ORDINANCE NO.772,AND APPROVING A SIDE YARD SETBACK VARIANCE. WHEREAS,Gary and Jan Carter own a parcel containing approximately 14,666 square feet located at 5814 Grove Street, north of the intersection of 74th Street N.E.and Grove Street, said property being legally described in EXHIBIT A attached hereto;and WHEREAS,Gary and Jan Carter applied to the City for a rezone from R-7200 to Community Business (BC)and for a side yard setback variance from 10 feet to 5 feet to allow a commercial dance studio to operate from a remodeled garage File No. PA 9112053;and WHEREAS,the city Hearing Examiner held a public hearing on said rezone and side yard setback variance on April 23,1992,and adopted Findings of Fact,Conclusions and a Recommendation approving the rezone and side yard setback variance of Gary and Jan Carter,SUbject to five conditions;and WHEREAS,the Marysville City Council held a pUblic meeting on said rezone and side yard setback variance on May 26,1992 and concurred with the Findings of Fact,Conclusions and Recommendation of the Hearing Examiner;NOW,THEREFORE, THE CITY COUNCIL OF THE CITY OF MARYSVILLE,WASHINGTON,DO ORDAIN AS FOLLOWS: section 1.The Findings of Fact,Conclusions and Recommendation of the Hearing Examiner with respect to the above- referenced rezone and variance for side yard setback are hereby approved,and the above-described property is hereby rezoned from R-7200 to Community Business (BC).A side yard setback variance from 10 feet to 5 feet is hereby approved. section 2.The zoning classification for the above- described property and the side yard setback variance shall be perpetually conditioned upon strict compliance with each of the conditions set forth in the Recommendation of the Hearing Examiner.Violation of any of the conditions of said decision may result in reversion of the property to the previous zoning ORDINANCE - 1 Imsvl/carter.ord Mayor classification and/or may result in enforcement action being brought by the city. section 3.The official Zoning Map of the City of Marysville as adopted in section 5.02 of Ordinance No.772 is hereby amended to reflect the reclassification of the above- described property. section 4.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 within fifteen (15)calendar days after the passage of this ordinance. ~PASSED by ~City Council and APPROVED by the Mayor this /day of "J une...-,1992. CITY OF MARYSVILLE By {lztc)(Ji# Attest: BY~~k City Attorney (~~ Date of Publication: Effective Date (5 days after pUblication): ORDINANCE - 2 /msvl/carter.ord EXHIBIT A LEGAL DESCRIPTIONS -JAN CARTER ('2518) LOT 1 A PORTION or THE NORTHEAST QUARTER or THE NORTHEAST QUARTER or THE NORTHWEST QUARTER OF SECTION 27,TOWNSHIP 30 NORTH,RANGE 5 .EAST,WILLAMETTE .MERIDIAN;. BEGINNING AT THE SOUTHEAST CORNER or THE SAID NORTHEAST QUARTER or THE NORTHEAST QUARTER or THE NORTHWEST.QUARTER;.THENCE NORTH 00 °37'13"WEST FOR 12•81 FEET;THENCE NORTH 65°15 '09"WEST FOR 115 •55 rEET;THENCE NORTH 47°28' 43"WESTrOR 118. 12 rEET TO THE SOUTHERLY MARGIN or ARMAR ROAD;THENCE SOUTH 45°19'40"WEST ALONG THE SOUTHERLY MARGIN or SAID ARMAR ROADrOR 52.91 rEET TO A POINT 140 rEET NORTHEASTERLY,AS MEASURED ALONG THE SOUTH MARGIN or SAID ARMAR ROAD,FROM THE INTERSECTION OF THE SAID SOUTHERLY MARGIN or ARMAR ROAD WITH THE SOUTH LINE or THE SAID NORTHEAST QUARTER or THE NORTHEAST QUARTER or THE NORTHWEST QUARTER;THENCE SOUTH 44°40'20"EAST FOR 100.0 FEETI THEl'lCIl BOUTH 29°12'18"WEST FOR 34.17 FEET TO THE NORTH MARG IN OF SAID 74TH STREET;THENCE SOUTH 89°03 r 40"EAST ALONG THE SAID NORTHERLY ROAD MARGIN FOR 176.15 FEET TO THE TRUE POINT OF BEGINNING. LOT 2 A PORTION OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 27,TOWNSHIP 30 NORTH,RANGE 5 EAST,WILLAMETTE MERIDIAN; COMMENCING AT THE SOUTHEAST CORNER OF THE SAID NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER;THENCE NORTH 0°37'13"WEST FOR 12.81 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 00°37'13"WEST FOR 57.19·FEET;THENCE NORTH 47°28'43"WEST FOR 185.28 FEET TO THE SOUTHERLY MARGIN OF ARMAR ROAD;THENCE SOUTH 45°19 r 40"WEST ALONG THE SOUTHERLY MARG IN OF SA In ARMAR ROAD FOR 77.09 FEET;THENCE SOUTH 47028 '43"EAST FOR 118.12 FEET;THENCE SOUTH 65°15' 09"EAST FOR 115.55 FEET TO THE TRUE POINT OF BEGINNING.