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HomeMy WebLinkAboutO-2103 - Grants conditional use permit and variance (Special)CITY OF MARYSVILLE Marysville,Washington ORDINANCE NO.;;)/D:S AN ORDINANCE OFTHE CITY OF MARYSVILLE AFFIRMING THE DECISION OF THE HEARING EXAMINER,REZONINGPROPERTY,GRANTING A CONDITIONAL USE PERMIT AND VARIANCE FOR PROPERTY OWNED BY DON RICHARDS, AND AMENDING THE OFFICIAL ZONING MAP PREVIOUSLY ADOPTED IN ORDINANCE NO.772. WHEREAS,Don Richards own a parcel containing approximately 2.09 acres located on the west side of 48th Drive,south of 100th Street N.E.in the City of Marysville,said property being legally described in EXHIBIT A attached hereto;and WHEREAS,Jim Hogue applied to the City for a rezone from RS7200 to RMH,a conditional use permit for senior assisted living facility and variances from Chapter 19.36 MMC relating to off-street parking requirements under File No.PA9604019;and WHEREAS,the City Hearing Examiner held a public hearing on said applications on October 10,1996 and adopted Findings of Fact,Conclusions and a Recommendation approving the applications subject to twenty (20)conditions;and WHEREAS,the Marysville City Council held a public meeting on said applications on November 12,1996 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,conditional use permit and variance application is hereby approved,and the above-described property is hereby rezoned from RS7200 to RMH. 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/richards.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 filing a Land Use Petition pursuant to the Land Use Petition Act within twenty-one (21)days after the passage of this ordinance. PASSED by the City Council and APPROVED by the Mayor this day of December,1996. Mayor OF MARYSVILLE {}WjtJ~I--_-;-;--_By CITY ::~~~City Clerk Approved as to form: By ,d~t::.W~ >City Attorney Date of Publication:/J/I/lzt Effective Date (5 days after publication): ORDINANCE -2 /mv/richards.ord EXHIBIT A LEGAL DESCRIPTION The Richards property is located at 9802 -48th Drive NE,and is legally described as: Lot 2,Plat of Palmer Tracts,as recorded in Volume 14 of Plats,page 94,records of Snohomish County, Washington.The property is located in the S.E. quarter of Section 16,Township 30,Range 5 E.W.M.