HomeMy WebLinkAboutO-1917 - Rezone (Special)CIT Y 0 F MAR Y S V ILL E
Marysville,washington
ORDINANCE NO ./1 t7
AN ORDINANCE OF THE CITY OF MARYSVILLE AFFIRMING THE
DECISION OF THE HEARING EXAMINER AND REZONING PROPERTY'
OWNED BY R.SCOTT TURNER,AMENDING THE OFFICIAL ZONING
MAP PREVIOUSLY ADOPTED IN ORDINANCE NO.772 AND APPROVING
THE PRELIMINARY PLAT AND PRELIMINARY SITE PLAN FOR THE
PLANNED RESIDENTIAL DEVELOPMENT OF SUNNYBROOK.
WHEREAS,R.SCOTT TURNER own a parcel containing
approximately 4.5 acres located at the southwest corner of 52nd
Street N.E.and 67th Avenue N.E.in the City of Marysville,said
property being legally described in EXHIBIT A attached hereto;
and
WHEREAS,R.SCOTT TURNER applied to the city for a rezone
from R-9600 to PRD 9600 and for preliminary plat and preliminary
site plan approval for the planned residential development of
Sunnybrook under file nUmber PA 9109035;and
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,
preliminary plat and preliminary site plan of R.SCOTT TURNER,
SUbject to seventeen (17)conditions;and
WHEREAS,the Marysville City Council held a public meeting
on said rezone,preliminary plat and preliminary site plan
application on October 26,1992 and concurred with the Findings
of Fact,Conclusions and Recommendation of the Hearing Examiner,
and SUbject to the applicant·s approval,added an additional
condition;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 and preliminary site plan are
hereby approved,and the above-described property is hereby
rezoned from R-9600 to PRD-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 and the additional
condition as referenced in section 3 below as set forth by the
ORDINANCE - 1
ImvlLe/sunnybrook.ord
Marysville city Council and as agreed to by the applicant.
Violation of any of the conditions of said decision 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 3.There is hereby established an additional
condition,number 18,which is added to the decision of the
Hearing Examiner and which shall read as follows:,
The grade for the driveway to all lots within
this PRD shall not exceed ten percent (10%).
Section 4.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 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 within fifteen (15)calendar days after the
passage of this ordinance •
.~PASSED by the City Council and APPROVED by the Mayor thisq-v~day of November,1992.
CITY OF MARYSVILLE
By ~'/tJwM
Mayor
Attest:
OY~~Cl=k
Approved as to form:
By ~,A::?/ft.e1/
City Attorney
Date of PUblication:Ilk /tId
Effective Date (5 days after publication):
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Imvlle/sunnybrook.ord
,,.
EXHIBIT A
LEGAL DESCRIPTION
THE EAST HALF OF THE EAST HALF OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER
OF SECTION 34,TOWNSHIP 30 NORTH,RANGE 5 EAS:I.',W~M_,SNOHOMISH COUNTY,
WASHINGTON;
EXCEPT THE SOUTH HALF OF SAID EAST HALF OF'THE EAST HALF;
EXCEPT THE SOUTH 17 FEET OF THE NORTH HALF OF SAID EAS:I.'HALF OF THE EAST HALF;
EXCEPT THE EAST 20 FEET CONVEYED TO SNOHOMISH COUNTY UNDER AUDITOR'S FILE NO.
635055 FOR ROAD;AND
EXCEPT ANY PORTION LYING WITHlN 52ND STREET N.E_
SIroATE IN THE COUNTY OF SNOHOMISH,STA:I.'E OF WASHINGTON.