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Home My WebLink AboutO-2004 - Rezone (Special)CITY OF MARYSVILLE Marysville, Washington ORDINANCE NO..;;l.Oo't AN ORDINANCE OF THE CITY OF MARYSVILLE AFFIRMING THE DECISION OF THE HEARING EXAMINER AND REZONING PROPERTY OWNED BY LARRY GABLE,AMENDING THE OFFICIAL ZONING MAP PREVIOUSLY ADOPTED IN ORDINANCE NO.772. WHEREAS,Larry Gable owns a parcel containing approximately 28,673 square feet located on the south side of 80th Street N.E., east of Cedar Avenue,in the City of Marysville,said property being legally described in EXHIBIT A attached hereto;and WHEREAS,Larry Gable applied to the City for a rezone from RS-7200 to Multiple Family Residential,Medium Density (RMM)and a binding site plan revision to allow an II-unit two-story apartment building under File No.PA9402006;and WHEREAS,the City Hearing Examiner held a public hearing on said rezone on August 11,1994 and adopted Findings of Fact, Conclusions and a Recommendation approving the rezone and binding site plan revision of Larry Gable subject to thirteen (13) conditions;and WHEREAS,the Marysville City Council held a public meeting on said rezone on September 12,1994 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 are hereby approved,the above-described property is hereby rezoned from RS-7200 to Multiple Family Residential,Medium Density (RMM),and the binding site plan revision is hereby approved,subject to conditions. 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. Section 3.The official Zoning Map of the City of Marysville as adopted in Section 5.02 of Ordinance No.772 is ORDINANCE - 1 /mv/gable.ord 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 Z~day of September,1994. CITY OF MARYSVILLE (krl~ Attest: ~ De-f"'-f<;City Clerk Approved as to form: By j)~K.uJJLv.i} City Attorney Mayor Date of Publication: i , Effective Date (5 days after publication): ORDINANCE - 2 Imv/gable.ord I J EXHIBIT A PARCEL A: BEGINNING AT THE NOR'I'HRAST CORNER OF '=SOOTIlWEST QaARTER OF THE SOllTHWEST QtlAR.TER OF SECTION 21,TOWNSHIP 30 NORTH,RANGE 5 EAST,W.M.; THENCE SOOTH 1 °02'24"EAST ALONG TIlE EAST LINE OF SAID SOOTIlWEST QaARTER OF THE SOOTHWEST QUARTER FOR 30.0 FEET TO AN INTERSECTION WITH TIlE SOllTHWESTERLY MARGIN OF THE COUNTY ROAD RIGlIT OF WAY; THENCE FOLLOWING SAID RIGHT OF WAY SOOTH 89°48'48"WEST 392.34 FEET TO 'AN INTERSECTION WITH THE EASTERLY MARGIN OF CEDAR STREET PRODUCED NORTHERLY; THENCE FOLLOWING SAID RIGHT OF WAY SOOTH 0°05'20"EAST FOR 173.97 FEET TO POINT OF TRUE BEGINNING; THENCE SOOTH 0°05'20"EAST FOR 86 FEET; THENCE NORTH 89°44'40"EAST FOR 250.0 FEET; THENCE NORTH 0°05'20"WEST FOR 86 FEET; THENCE SOOTH 89°44'40"WEST FOR 250.0 FEET TO TRUE POINT OF BEGINNING. PARCEL B: BEGINNING AT THE NORTHEAST CORNER OF THE SOOTIlWEST QUARTER OF THE SOOTHWEST QUARTER OF SECTION 21,TOWNSHIP 30 NORTH,RANGE 5 EAST,W.M.; THENCE SOOTH 1 °02'24"EAST ALONG THE EAST LINE OF SAID SOOTHWEST QUARTER OF THE SOOTHWEST QOAATER FOR 30.0 FEET; THENCE SOOTH 89°48'48"WEST FOR 142.34 FEET TO THE TROE POINT OF BEGINNING; THENCE CONTINOE SOOTH 89°48'48"WEST FOR 250.0 FEET TO THE EASTERLY RIGHT OF WAY MARGIN OF CEDAR STREET PRODUCED; THENCE SOOTH 0°05'20"EAST ALONG THE SAID EASTERLY BOONOARY OF CEDAR STREET PRODUCED FOR 87.97 FEET; THENCE NORTH 89°44'40"EAST FOR 250.0 FEET; THENCE NORTH 0°05'20"WEST FOR 87.67 FEET TO THE TROE POINT OF BEGINNING; EXCEPT THAT PORTION CONVEYED TO THE CITY OF MARYSVILLE BY DEED RECORDED ONDER AOOITOR'S FILE NOMBER 7910310351,DESCRIBED AS FOLLOWS: THAT PORTION OF THE SOllTHWEST QOAATER OF THE SOOTHWEST QOAATER OF SECTION 21, TOWNSHI P 30 NORTH,RANGE 5 EAST,W.M.,DESCRIBED AS FOLLOWS: BEGINNING AT THE NOR'I'HRAST CORNER OF THE SOOTHWEST QaARTER OF THE SOOTHWEST QIDIRTER; THENCE SOOTH 1 °0'2 '24"EAST ALONG THE EAST LINE OF SAID SOOTHWEST QaARTER OF THE SOO'THWEST QOAATER FOR 30 FEET; THENCE SOOTH 89°48'48"WEST FOR 392.34 FEET,TO THE EASTERLY RIGHT OF WAY MARGIN OF CEDAR STREET AND THE TRUE POINT OF BEGINNING; THENCE SOOTH 00°05'20"EAST ALONG SAID EASTERLY MARGIN OF CEDAR STREET FOR 87.97 FEET TO A POINT WHICH BEARS NORTH 64°51'37"WEST FROM THE CENTER OF A NON-TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 145 FEET; THENCE NORTHEASTERLY ALONG '=ARC OF SAID CURVE 162.79 FEET TO A POINT ON SAID CURVE THAT BEARS NORTH 0°32'08"WEST FROM SAID CENTER POINT {SAID POINT OF CURVE ALSO BEARS SOUTH O·32'08".EAST DISTANT S FEET AND NORTH 89·48'48"EAST DISTANT J.30 FEET FROM THE TRUE POINT OF BEGINNING); THENCE NORTH 86·J.4'07"EAST 80.13 FEET,A POINT 30 FEET SOUTH OF NORTH LINE OF SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER; THENCE SOUTH 89·48'48"WEST 2J.0 FEET TO THE POINT OF BEGINNING. PARCEL C: THE EAST 102 FEET OF THE FOLLOWING DESCRIBED PROPERTY: BEGINNING AT THE NORTHEAST CORNER OF THE SOUTHWEST QUARTER OF THE SOUIliWEST QUARTER OF SECTION 21,TOWNSHIP 30 NORTH,RANGE 5 EAST,W.M.; THENCE SOUTH J..02'24"EAST ALONG EAST LINE OF SAID SOUIliWEST QUARTER OF THE SOUTHWEST QUARTER FOR 30 FEET; THENCE SOUTH 89·48'48"WEST TO THE EAST RIGHT OF WAY LINE OF CEDAR STREET PRODUCED; THENCE SOUTH O·05'20"EAST ALONG SAID EASTERLY RIGHT OF WAY MARGIN OF CEDAR STREET PRODUCED 87.97 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUE SOUTH O·05'20"EAST FOR 86 FEET; THENCE NORTH 89·44'40"EAST FOR 250 FEET; THENCE NORTH O·05~20"WEST 86 FEET; THENCE SOUTH 89 0 44'40"WEST 250 FEET TO THE TRUE POINT OF BEGINNING. PARCEL D: THAT PORTION OF THE SOUIliWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 2J., TOWNSHIP 30 NORTH,RANGE 5 EAST,W.M.,DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID SOUTHWEST QUARTER OF THE SOUIliWEST QUARTER; THENCE SOUTH J.o 02'24"EAST ALONG EAST LINE OF SAID SOUTHWEST QUARTER OF SOUTHWEST QUARTER FOR 30 FEET; THENCE SOUTH 89 0 48'48"WEST TO THE EAST RIGHT OF WAY LINE OF CEDAR STREET PRODUCED; THENCE SOUTH 0 0 05'20"EAST ALONG SAID EASTERLY RIGHT OF WAY MARGIN OF CEDAR STREET PRODUCED 87.97 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUE SOUTH O·05'20"EAST FOR 86 FEET; THENCE NORTH 89 0 44'40"EAST FOR 250 FEET; THENCE NORTH 0 0 OS'20"WEST 86 FEET; THENCE SOUTH 89 0 44'40'WEST 250 FEET TO THE TRUE POINT OF BEGINNING. EXCEPT THE EAST J.02 FEET THEREOF. SITUATE IN THE COUNTY OF SNOHOMISH, STATE OF WASHINGTON.