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HomeMy WebLinkAboutO-1931 - Zones annexed property (Special)CIT Y 0 FHA R Y S V ILL E Marysville,washington ORDINANCE NO./d AN ORDINANCE OF THE CITY OF MARYSVILLE,WASHINGTON REZONING PROPERTY OWNED BY TED A.SCHMELZER,AMENDING THE OFFICIAL ZONING MAP PREVIOUSLY ADOPTED IN ORDINANCE NO.772,AND APPROVING THE PRELIMINARY PLAT AND PRELIMINARY SITE PLAN FOR THE PRD OF WESTVIEW LANE. WHEREAS,Ted A.Schmelzer owns approximately 3.32 acres located at the southeast corner of 67th Avenue N.E.and 61st Place in the City of Marysville,said property being legally described in Exhibit A attached hereto;and WHEREAS,Ted A.Schmelzer applied to the City for a rezone from RS-9600 to PRD-9600,for preliminary plat approval and preliminary site plan approval for a PRD under File No. PA 9206026;and WHEREAS,the City Hearing Examiner held a pUblic hearing on said rezone,preliminary plat and preliminary site plan approval on November 19,1992,and adopted Findings of Fact,Conclusions and a recommendation approving the rezone,preliminary plat and preliminary site plan,subject to fourteen conditions;and WHEREAS,the City Council held a pUblic meeting on said rezone,preliminary plat and preliminary site plan on January 4, 1993 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 and preliminary site plan for a PRD are hereby approved,and the above-described property is hereby rezoned from RS-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.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. ORDINANCE - 1 Imvl/schmelzer2.ord 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. Council and APPROVED by the Mayor this ,1993. 1-1 PASSED by the city J {~Ij day of :f'~< CITY OF MARYSVILLE By (li/&la4M Mayor ::test:~~city Clerk Approved as to form: By~k.(A~ v city Attorney Date of Publication: Effective Date (5 days after publication): ORDINANCE -2 Imvl/schmelzer2.ord MODIFIED LEGAL DESCRIPTION SCHMELZER ET AL PROPERTY FILE NO.24-88 Those.portions of the SE 1/4 Sec 27,SW 1/4 Sec 26,NE 1/4 Sec 34 and NW 1/4 Sec 35,Twp 30N,Rge 5E,W.M.specifically daf: Beginning at the intersection of the westerly prolongation of the southerly line of the Northwest quarter of said Northwest quarter of Section 35 with the westerly right of way margin of 67th Ave. N.E;thence northerly along said westerly margin to intersect the westerly prolongation OL the southerly line of Lot 1,plat of Sound view East,according to the plat recorded in Volume 47 of plato on page 116,records of Snohomish County,Washington;thence N 89 16'01" East along said westerly prolongation and the southerly line of said plat to intersect the East line of Lot 13,Graafstra Plat,according to plat recorded in Volume 23 of Plats6 page 57,records of Snohomish· County,Washington;thence South 00 34'41"West along said East line to the North margin of 61st Place Northeast as shown on said Graafstra Plat;thence easterly along said North margin to the easterly line of said 61st Place N.E.as shown on said Graafstra Plat;which line is also the easterly line of a 30 foot wide City of Marysville Waterline easement; .thence South along said easterly line a distance of 80 feet to the South- .east corner of said 61st Place Northeast;thence westerly along the South margin·of said 61st Place Northeast to intersect the East line of the West 129~.57 feet of said Southwest quarter of said Section 26; thence South 00 34'41"West 447.64 feet to the South line of said Section 26;thence Easterly along said South line to intersect the northerly prolongation of the East line of said Northwest quarter of said Section 35;thence southerly along said East line to intersect the South line of the North half of said Northwest quarter;thence westerly along said last named South line to the point of beginning. 1 hereby certily lh!~o be a true and cor-set copy of the c:,i(;::1.:d on f.,;~~in rr::;:cf;~ca .::..;:::;rt of the OffiCCJP~ci~, City Clerk 'lY1COl.L 19 g'1 ,~. ~,,...1111,M'lhl,Yt,lfl tit 1 II \14.,"111..II lilt ();- -s I ,..,'I 3'0 1,," c, lCo ,·..;.tl4't I 7'----------r--,, I ------r----- I, ~--J---I J.o,( ".' ; " • ,I, '.'.~. 3-01.5 I ! --- - - -I I, ! 3-037 I I "~""''''''~''¥.'l'U&R;uJ'rilON1 t:.. :pI I-.,.-r "~___....-Lj-._._ i"I _...... 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