HomeMy WebLinkAboutO-1915 - Rezone (Special)CIT Y 0 F MAR Y S V ILL E
Marysville,washington
ORDINANCE NO.n IS'
AN ORDINANCE OF THE CITY OF MARYSVILLE AFFIRMING THE
DECISION OF THE HEARING EXAMINER AND REZONING PROPERTY
OWNED BY WILLIAM ROBERTS and BUD DARLING,AMENDING THE
OFFICIAL ZONING MAP PREVIOUSLY ADOPTED IN ORDINANCE
NO.772,AND APPROVING THE PRELIMINARY PLAT OF SUNNYSIDE
EAST DIVISION II,AND GRANTING A VARIANCE FROM MMC
12.02.180.
WHEREAS,WILLIAM ROBERTS and BUD DARLING own a parcel
containing approximately .74 acres located south of 52nd Street
N.E.,west of 65th Drive N.E.,consisting of 5102, 5107,5109 and
5113 -64th Drive N.E.in the city of Marysville,said property
being legally described in EXHIBIT A attached hereto;and
WHEREAS,WILLIAM ROBERTS and BUD DARLING applied to the city
for a rezone from R-12500 to R-9600,for preliminary plat
approval and approval of a variance from MMC 12.02.180 under file
number PA 9207028;
WHEREAS,the City Hearing Examiner held a public hearing on
said rezone on September 24,1992 and adopted Findings of Fact,
Conclusions and a Recommendation approving the rezone of WILLIAM
ROBERTS and BUD DARLING SUbject to six conditions and approve the
preliminary plat of Sunnyside East Division II,and approve a
variance from MMC 12.02.180;and
WHEREAS,the Marysville City Council held a pUblic meeting
on said rezone,preliminary plat approval and variance on October
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,preliminary plat approval and variance
application are hereby approved,and the above-described property
is hereby rezoned from R-12500 to R-9600.
section 2.The zoning classification 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.Violation of any of the
conditions of said decision may result in reversion of the
ORDINANCE - 1
Imvlle/roberts.ord
property to the previous zoning 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 the City council and APPROVED by the Mayor this
day of November,1992.
CITY OF MARYSVILLE
By tL;iW~
Mayor
:~~YClerk
Approved as to form:
By~t.W.uD
City Attorney
Date of Publication:(////~9~
Effective Date (5 days after publication):
ORDINANCE - 2
Imvlle/roberts.ord
A PORTION OF 1.0TS I,2 AND 3,OF THE PI.AT OF HUDSON AND BOOTH ONE
ACRE TRACTS,ACCORDING TO THE PI.AT THEREOF AS RECORDED IN VOI.UME
10 OF Pl.ATS,ON PAGE 104,RECORD~OF SNOHoMIBH COUNTY,WASHINGTON
DESCRIBED AS FOLI.OWS,
BEGINNING AT THE NORTHEAST CORNER OF LOT 1 OF BAlD PLAT OF HUDSON
AND BOOTH ONE ACRE TRACTSI THENCE NORTH SS 3~'11"WEST ALONG THE
NORTH I.INE OF SAID LOT 1 FOR 172.26 FEET,MORE OR LEBS,TO THE
EAST LINE OF THE WEST 440.0 FEET OF SAID 1.0T I,THENCE SOUTH
o IS'17"WEBT AI.ONG SAID EAST I.INE FOR 14S.03 FEETI THENCE NORTH
SS 3~'11"WEST, BEING AI.ONG.A I.INE 14S.0 FEET SOUTH, AS MEASURED
AT RIGHT ANGI.ES TO,THE NORTH LINE OF BAlD 1.0T 1,FOR 140.03
FEET,TO A LINE 300,0 FEET EAST OF THE WEBT LINE OF SAID LOT 21
THENCE BOUTH 0 IS'17"WEBT,ALONG BAlD LINE 300.0 EAST OF THE
WEST I.INE OF SAID LOTS 2 AND 3,FOR 149,72 FEET TO THE BOUTH LINE
OF SAID LOT 31 THENCE BOUTH B9 20'~6"EAST,ALONG SAID BOUTH I.INE
OF LOT 3,FOR 1~3.B9 FEETI THENCE NORTH 9 12'00"EAST FOR 104.04
FEET TO A POINT ON A CURVE THE CENTER OF WHICH BEARS NORTH
14 04'30",EAST FOR 40,0 FEETI THENCE ON A CURVE TO THE LEFT
HAVING A RADIUS OF 40.0 FEET AND CONSUMING AN ANGLE OF 1~9 ~B'34"
FOR 12~,6~FEET,THENCE ON A CURVE TO THE RIGHT,HAVING A RADIUS
OF 2~.0 FEET AND CONSUMING AN ANGLE OF 76 12'1~"FOR 33,2~FEET,
THENCE NORTH 0 IB'17"EAST FOR ~~.14 FEETI THENCE ON A CURVE TO
THE RIGHT HAVING A RADIUS OF 2~.O FEET AND CONSUMING AN ANGLE OF
91 06'31"FOR 39.7~FEET,THENCE SOUTH BS 3~'11"EABT FOR 116.S6
FEET TO THE EAST LINE OF BAlD LOT I,THENCE NORTH 0 12'30"WEST,
ALONG SAID LOT I,FOR 10.0 FEET TO THE TRUE POINT OF BEGINNING.
EXCEPT THE NORTH 10.0 FEET THEREOF DEEDED TO THE CITY OF
MARYSVILLE.
SUBJECT TO AN EASEMENT FOR INGRESS,EGRESS AND UTILITIES,OVER
AND ACROSS THE FOLLOWING'DESCRIBED PARCEL,
COMMENCING AT THE NORTHEAST CORNER OF LOT 1 OF SAID PLAT OF -
HUDSON AND BOOTH ONE ACRE TRACTS,THENCE NORTH B8 3~'11"WEST
ALONG THE NORTH I.INE OF SAID LOT 1 FOR 142.26 FEET THE TRUE POINT
OF BEGINNING,THENCE CONTINUE ALOHG SAID LINE FOR 30,0 FEET TO
THE EAST LINE OF THE WEBT 440.0 FEET OF SAID LOT I,THENCE SOUTH
o 18'17"WEST ALONG SAID EAST LINE FOR 148.03 FEET,THENCE ON A
CURVE TO THE LEFT HAVING A RADIUS OF 40.0 FEET AND CONSUMING AN
ANGLE O~26~16'27"FOR IB~,20 FEET,THENCE ON A CURVE TO THE
RIGHT,HAVING A RADIUS OF 2~,O FEET AND CONSUMING AN ANGLE OF
76 12'1~"FOR 33.2~FEET,THENCE NORTH 0 18'17"EAST FOR ~~.14
FEETI THENCE ON'A CURVE TO THE RIGHT HAVING A RADIUS OF 2~.0 FEET
AND CONSUMING AN ANGLE OF 91 06'31"FOR 39,7~FEET,THENCE NORTH
o IS'17"EAST, FOR 10,0 FEET,THENCE NORTH SB 33'11"WEST, FOR
2~.49 FEET TO THE TRUE POINT OF BEGINNING.
EXCEPT THE NORTH 10.0 FEET THEREOF FOR ~2ND BTREET N,E.
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EXHIBIT A
LOT 1
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BOOTH ONE
IN YOLUME
WASHINGTON
VOL.2578PAGE0201
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LOT :z
A PORTION OF LOTS 2 AND 3,OF THE PLAT OF HUDSON AND
ACRE TRACTS,ACCORDING TO THE PLAT THEREOF AS RECORDED
10 OF PLATS,ON PAGE 104,RECORDS OF SNOHOMISH COUNTY,
DESCRIBED AS FOLLOWS.
COMMENCING AT THE NORTHEAST CORNER OF LOT 1 OF SAID PLAT OF
HUDSON AND SOOTH CNE ACRE TRACTS,THENCE NORTH BS 3~'11"WEST
ALONG THE NORTH LINE OF S~ID LOT 1 FOR 172.2b FEET,MORE DR LEBS,
TO THE EAST LINE OF THE WEST 440.0 FEET OF SAID LOT 1,THENCE
SOUTH 0 IB'17"WEST ALONG SAID EAST LINE FOR 14S.03 FEET,THENCE
NORTH SS 3~'11"WEST,BEING ALONG·A LINE 14S.0 FEET SOUTH,AS
MEASUREO AT RIGHT ANGLES TO,'THE NORTH LINE OF SAID LOT 1,FOR
140.03 FEET,TO A LINE 300.0 FEET EAST OF THE WEBT LINE OF SAID
LOT 2,THENCE SOUTH 0 IB'17"WEST,ALONG BAlD LINE 300.0 EAST OF
THE WEST LINE OF SAID LOTS 2 AND 3,FOR 149.72 FEET TO THE SOUTH
LINE OF SAID LOT 3,THENCE SOUTH S9 20'~6"EAST,ALONG SAID SOUTH
LINE OF LOT 3,FOR 1~3.S9 FEET TO THE TRUE POINT OF SEGINNING,
THENCE CONTINUE SOUTH S9 20'~b"EAST ALONG SAID SOUTH LINE FOR
160.97 FEET TO THE SOUTHEAST CORNER OF SAID LOT 3,THENCE NORTH
o 12'30"WEST,ALONG THE EABT LINE OF BAlD LOT 3 FOR 90.09 FEET,
THENCE NORTH 7~13'4~"WEST FOR 107.32 FEET TO APOINT ON A
CURYE,THE RADIUS CENTER OF WHICH BEARS NORTH 49 41'17"WEST,FOR
40.0 FEET,THENCE ON A CURYE TO THE RIGHT HAYING A RADIUS OF 40.0
FEET AND CONSUMING AN ANGLE OF 63 4~'~3"FOR 44.~2 FEET,THENCE
SOUTH 9 12'00"WEST,FOR 104.04 FEET TO THE TRUE POINT OF
BEGINNING.
TOGETHER NITH AN EASEMENT FOR INGRESS,EGRESS AND UTILITIES,OYER
ANO ACROSS THE FOLLOWING DESCRISEO PARCELl
COMMENCING AT THE NORTHEAST CORNER OF LOT 1 OF SAID PLAT OF
HUDSON AND BOOTH ONE ACRE TRACTS,THENCE NORTH SS 3~'11"WEBT
ALONG THE NORTH LINE OF SAID LOT 1 FOR 142.26 FEET THE TRUE POINT
OF BEGINNING.THENCE CONTINUE ALONG SAID LINE FOR 30.0 FEET TO
THE EAST LINE OF THE WEBr 440,0 FEET OF SAID LOT 1,THENCE SOUTH
o 18'17"WEST ALONG BAlD EAST L:NE FOR 14S.03 FEET,THENCE ON A
CURYE TO THE LEFT HAYING A RADIUS DF 40.0 FEET AND CONSUMING AN
ANGLE OF ~6~16'27"FOR IS~.20 FEET,THENCE ON A CURYE TO THE
RIGHT,HAYING A RADIUS OF 2~.0 FEET AND CONSUMING AN ANGLE OF
76 12'1~"FOR 33.2~FEET,THENCE NORTH 0 IS'17"EAST FOR ~~.14
FEET,THENCE ON A CURYE TO THE RIGHT HAYING A RADIUS OF 2~.0 FEET
ANO CONSUMING AN ANGLE OF 91 u6'31"FOR 39.7~FEET!THENCE NORTH
o 18'17"EAST,FOR 10.0 FEET,THENCE NORTH BB 33 11"WEST,Fl"~
2~.49 FEET TO THE TRUE POINT OF ,BEGINNING.
EXCEPT THE NORTH 10.0 FEET THEREOF FOR ~2ND STREET N.E.
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~~'-,-:....'~O~O~TlON -OF"~!fa:'-~:'~~-D-3-,-0~-T-H-E'-P-L-A-T-'OF -HU~~fAI",~~~~"~NE
ACRE TRACTS,ACCORDING TO THE PLAT THEREOF AS RECORDED IN VOLUME
10 OF PLATS,ON PAGE 104,RECORDS OF SNOHOMISH COUNTY,WASHINGTON
DESCRISED AS FOLLOWS'
COMMENCING AT THE NORTHEAST CORNER OF LOT 1 OF SAID PLAT OF
HUDSON AND SOOTH ON~ACRE TRACTS,THENCE SOUTH 0 12'30"EAST
.ALONG THE EAST LINE OF SAID LOTS 2 AND 3,FOR ~0.03 FEET TO THE
.TRUE POINT OF BEGINNING'THENCE CONTINUE NORTH 0 12'30"EAST
ALONG SAID EAST LINE FOR 10S.49 FEET TO'A POINT 90.09 FEET NORTH
OF THE SOUTHEAST CORNEq OF SAID LOT 3,THENCE NORTH 70 13'40"
WEST FOR 107.32 FEET TO A POINT ON A CURVE THE RADIUS CENTER OF
WHICH SEARS NORTH 4~41'16"WEST FOR 40.0 FEET,THENCE ON A CURVE
TO THE LEFT HAVING A RADIUS OF 40.0 FEET AND CONSUMING AN ANGLE
OF 116 12'41"FOR SI,'13 FEET,THENCE ON A CURVE TO THE RIGHT
HAVING A RADIUS OF 20.0 FEET AND CONSUMING AN ANGLE OF 66 04'23"
FOR 2S.S3 FEET,THENCE SOUTH S8 30'11"EAST FOR 142.72 FEET TO
THE TRUE POINT OF BEGINNING,
TOGETHER WITH AN EASEMENT FOR INGRESS.EGRESS AND UTILITIES.OVER
AND ACROSS THE FOLLOWING DESCRIBED PARCEL.
COMMENCING AT THE NORTHEAST CORNER OF LOT 1 OF SAID PLAT OF
HUDSON AND BOOTH ONE ACRE TRACTS,THENCE NORTH SS 30'11"WEST
ALONG THE NORTH LINE OF SAID LOT 1 FOR 142.26 FEET THE TRUE POINT
OF BEGINNING.THENCE .CONTINUE ALONG SAIO LINE FOR 30.0 FEET TO
THE EAST LINE OF THE WEST 440.0 FEET OF SAID LOT I,THENCE SOUTH
o 1S'17"WEST ALONG SAID EAST LINE FOR 14S.03 FEET,THENCE ON A
CURVE TO THE LEFT HAVING A RADIUS OF 40.0 FEET AND CONSUMING AN
ANGLE OF 260 16'27"FOR 1BO.20 FEET,THENCE ON A CURVE TO THE
RIGHT,HAVING A RADIUS OF 20.0 FEET AND CONSUMING AN ANGLE OF
74 12'10"FOR 33.20 FEET,THENCE NORTH 0 IS'17"EAST FOR 00.14
FEET,THENCE ON A CURVE TO THE RIGHT HAVING A RADIUS OF 20.0 FEET
AND CONSUMING AN ANGLE OF 91 06'31"FOR 39.70 FEET,THENCE NORTH
o IS'17"EAST, FOR 10.0 FEET,THENCE NORTH 8S 33'11"WEST, FOR
20.49 FEET TO THE TRUE POINT OF BEGINNING.
EXCEPT THE NORTH 10.0 FEET THEREOF F~R 52ND STREET N.E.
LOT 4
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IVOl.2578PAGE
A PORTION OF LOT I,PLAT OF HUDSON AND BOOTH ONE ACRE TRACTS.
ACCORDING TO THE PLAT THEREOF AS RECORDED IN VOLUME 10 OF PLATS.
ON PAGE 104,RECORDS OF SNOHOMISH COUNTY,WASHINGTON DESCRIBED AS
FOLLOWS.
COMMENCING AT THE NORTHEAST CORNER OF LOT 1 OF SAID PLAT OF
HUDSON AND BOOTH ONE ACRE TRACTS,THENCE SOUTH 0 12'30"EAST
ALONG THE EAST LINE OF SAIO LOTS 2 AND 3.FOR 10.0 FEET TO THE
•TRUE PO'INT' OF BEGINNING,.THENCE CONTINUE SOUTH 0.12'.30"EAST,.FOR
BO.03 FEET,THENCE NORTH SS 30'11"WEST. FOR 142:72 'FEET TO A'
POINT ON A CURVE THE RADIUS CENTER OF WHICH BEARS NORTH SO 10'02"
EAST FOR 20,0 FEET,THENCE ON A CURVE TO THE RIGHT HAVING A
RADIUS OF 20.0 FEET'ANO CONSUMING AN ANGLE OF 10 07'02"FOR 4.42
FEET,.THENCE NORTH 0 18'17"EAST, FOR 50.14 FEETI THENCE ON A
CURVE TO THE RIGHT HAVING A RADIUS OF 20.0 FEET AND CONSUMING AN
ANGLE OF 91 06'31"FOR 39.75 EEET,.THENCE SOUTH 8835'11"EAST.
BEING 30.0 FEET SOUTH OF THE CENTERLINE OF 02ND STREET N.E;.FOR
116.S6 FEET TO THE TRUE POINT OF BEGINNING.
TOGETHER WITH AN EASEMENT FOR INGRESS,EGRESS AND UTILITIES,OVER
AND ACROSS THE FOLLOWING DESCRI8ED PARCEL.
COMMENCING AT THE NORTHEA8T CORNER OF LOT 1 OF SAID PLAT OF
HUDSON AND BOOTH ONE ACRE TRACT6,THENCE NORTH 8830'11"WE8T
ALONG THE NORTH LINE OF SAID LOT 1 FOR 142'.26 FEET THE TRUE POINT
OF BEGINNING.THENCE CONTINUE ALONG SAID LINE FOR 30.0 FEET TO
THE EAST LINE OF THE WEST 4~0.0 FEET OF SAID LOT 1,THENCE SOUTH
o IS'17"WEST ALONG SAID EAST LINE FOR 148.03 FEET,THENCE ON A
CURYE TO THE LEFT HAYING A RADIUS OF 40.0 FEET AND CONSUMING AN
ANGLE OF 260 16'27"FOR 180.20 FEETI THENCE ON A CURYE TO THE
RIGHT,HAYING A RADIUS OF 20.0 FEET AND CONSUMING AN ANGLE OF'
76 12'10"FOR 33.20 FEET,THENCE NORTH 0 18'17"EAST FOR 00.14
FEETI THENCE ON A CURYE TO THE RIGHT HAYING A RAOIU8 OF 20.0 FEET
AND CONSUMING AN ANGLE OF 91 06'31"FOR 39.70 FEET,THENCE NORTH
o IS'17"EAST, FOR 10.0 FEETI THENCE NORTH S8 33'11"WEST, FOR
20.49 FEET TO THE TRUE POINT OF BEGINNING.
EXCEPT THE NORTH 10.0 FEET THEREOF FOR 02ND 8TREET N.E.~..~~~~=-~
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