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Home My WebLink AboutO-1996 - Rezone (Special)CITY OF MARYSVILLE Marysville,Washington ORDINANCE NO.1996 AN ORDINANCE OFTHE CITY OF MARYSVILLE REZONING PROPERTY OWNED BY DENNIS WINTCH,AMENDING THE OFFICIAL ZONING MAP PREVIOUSLY ADOPTED IN ORDINANCE NO.772,AND APPROVING THE PRELIMINARY PLAT AND PRELIMINARY SITE PLAN FOR THE LOUIS GRIFFORE ADDITION. WHEREAS,Dennis Wintch own approximately 4.10 acres located on the west side of 67th Avenue N.E.,north of 52nd Street N.E., in the City of Marysville,said property being legally described in Exhibit A attached hereto;and WHEREAS,Dennis Wintch applied to the City for a rezone from RS-12,500 to PRD 9600,for preliminary plat approval and approval of a binding site plan under File No.PA8912076;and WHEREAS,the City Hearing Examiner held a public hearing on said rezone,preliminary plat and binding site plan on March 24, 1994,and adopted Findings of Fact,Conclusions and a Recommendation approving the rezone,preliminary plat and binding site plan,subject to sixteen (16)conditions;and WHEREAS,as a result of an appeal of the Hearing Examiner's decision,the Marysville City Council held a public hearing on June 6,1994 on said rezone,preliminary plat and binding site plan,and accepted further public testimony from staff,the applicant and the public,and reviewed the recommended decision of the Hearing Examiner and other documentary evidence;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 binding site plan application are hereby approved,subject to the revisions as set forth in subparagraphs a,band c below,and the above-described property is hereby rezoned from RS-12,500 to PRD 9600: a.Condition 11(c)of the Hearing Examiner's decision relating to proposed Lots 1 through 3 being limited to single-story structures only is hereby deleted. ORDINANCE - 1 /mv/griffore.ord b.An additional Condition No.17 shall be added which shall require the applicant to prepare and record a covenant running with the land relating to proposed Lots 1 through 3 which prohibits construction of windows,doors or decks on the south side of the structures located on said lots.Said covenants shall be reviewed and approved by the Marysville City Attorney prior to recording of said covenants and prior to final plat approval. c.An additional condition shall be added which shall require the applicant to submit the layouts for the streets and driveways for the plat to the Marysville City Engineer for approval prior to final plat approval. 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 as supplemented in paragraphs l(b)and l(c)above.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.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 ~/IF'day of June,1994. CITY OF MARYSVILLE By f)a;;j !JdM1A MAYOR ATTES'I'...-.---- CITY CLERK Approved as to form: ORDINANCE - 2 /mv/griffore.ord Date of Publication: Effective Date (5 days after publication): ORDINANCE -3 /mv/griffore.ord t, EXIllBITA LEG.AI..DEecRlFTICN 1:.POF<"'"iO -,Of'THE NORT,...EAST Q-.JAR~ER OF SECi,OK 34 TOlLNSJ-lIP 30 NORTJ-l i:;(ANGE 5 :::AST W:LLAf'"'ETTE MEi:;(ID,AN DESCRiBED AS FOLLOWS, CO""""'ENCI"lG AT THE SOuTHEAST CORNER OF SA!D NORTHEAST QUARTER OF SECTION 34,THENCE NORTI-i 0".30'00"EAST ALONG TI-iE EAST LINE THEREOF FOR 340.0 FEET,THENCE NORTH 88"03 10"WEST FOR 35150 FEET TO THE TRUE POiNT OF BEGiN.NING,7HENCE NOR'H 0";0'00"EAST FOR 241.50,THENCE SOlJT,... 88"03'10'EAST FOR 35 150 I=EET TO T'-':::SAiC EAST UNE OF THE NORTHEAST QUARTER iI-lENC:::NORTH 0"30'00"EAST AL.ONG THE SAID E.L.ST LINE,FOR ~:h1 I=EEi,T....ENCE NORTH 88'I,'10'...JEST FOR 200.0 FEET,THENCE NORTH 00'3(2;'00"EAS'I=CR :80,00 FEET,TI-lENCE SOUTI-i 88'11'!","EAST FOR :80,001=EE T THENCE SOUTH 88'!1''0"E.J.ST FOR 200,00 FEET TO THE SAID EAST c.,iNE 0=T""E NORTf-JE.L.ST QUARTER T;"';ENCE NORTH 0'30'00"EAST ,.L.LONG T;..iE SAiD EAST UNE,FOR 35.05 FEET TO 'THE SOUTJ-l LINE OF LAND CON'v'EYED TO HARRY SCHOE"iHEiT e r DEEC RECORDED IN VOLUME 13 OF DEEDS PAGE 2410 THENCE NORTH 88'IT 10"EAST,ALONG SAID SOUTI-i LINE FOR 450.00 FEET MORE OR LESS '0 THE CEN:ERLINE OF AN EXISTING CREEK,THENCE SO\JTHERL Y ALONG THE CENTER '-.INE OF SAID CREEK TO A LINE THAT BEARS NORTI-i 88"03'10" WEST FRO"'"THE TRUE POINT OF BEGINNiNG,THENCE SOUTH 88"03'10"EAST FOR 50.00 I=EET MORE OR LESS -;-0 THE TRUE POINT OF BEGINNING.