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HomeMy WebLinkAboutO-2111 - Rezone (Special)CITY OF MARYSVILLE Marysville,Washington ORDINANCE NO..;2 }}I AN ORDINANCE OF THE CITY OF MARYSVILLE AFFIRMING THE DECISION OF THE HEARING EXAMINER AND REZONING PROPERTY OWNED BY OSO PARTNERSHIP,AMENDING THE OFFICIAL ZONING MAP PREVIOUSLY ADOPTED IN ORDINANCE NO.772. WHEREAS,Oso Partnership owns a parcel containing approximately 0.37 acres located east of BNRR,north of 8th Street,south of 9th Street,and west of Delta Avenue,in the City of Marysville,said property being legally described in EXHIBIT A attached hereto;and WHEREAS,Oso Partnership applied to the City for a rezone from Community Business (BC)to General Commercial (GC)to allow construction of a 7,700-square-foot building under File No.PA 9512059;and WHEREAS,the City Hearing Examiner held a public hearing on said rezone on November 14,1996 and adopted Findings of Fact, Conclusions and a Recommendation approving the rezone of Oso Partnership subject to fifteen (15)conditions;and WHERE~S,the Marysville City Council held a public meeting on said rezone on December 16,1996 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 are hereby approved,and the above-described property is hereby rezoned from Community Business (BC)to General Commercial (GC). 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/oso.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 ~~n~4:J~------'1997. CITY Attest: BY~~~City Clerk Approved as to form: OF MARYSVILLE aM'.~Mayor By~k0~ City Attorney Date of Publication:(/JIi 7 Effective Date (5 days after publication): ORDINANCE -2 /mv/oso.ord L .EXH:tB;I;T ll.\.'.' AL-L-THOC:>E PORTIONC:>OF L-OTC:>3,4,5,20,21 AND 22,BL..OCK 2, PAL-MER ADDITION TO THE TOWN OF MARYC:>VII-I-E,'?NOHOMI'?H COUNTY,WA '?HlNG TON,L-YING EA '?TERI-Y OF A I-INE ORA WN PARAL-L-EL..WITH AND DI'?TANT 25.0 FEET EA C:>TERI-Y OF,A'? MEA'?URED AT RIGHT AN6I-E'?TO,BLJRI-IN6TON NORTHERN RAIL-ROAD COMPANY',?(FORMERL..Y 6REA T NORTHERN RAIl-WAY COMPANY'C:»BRANCH L-1NE MAIN TRACK CENTERL-INE,A'?NOW L-OCATED AND CON'?TRLJCTED UPON,OVER M·JO ACRO'?'?,?AID BL-OCK Z.- THAT PORTION OF 8TH ST.LYING SOUTIIERLY AND ABUTIING LOTS 20.21,AND 22,BLOCK 2.PALMER ADDITION TO MARYSVItLE,WASHINGTON,ASPER PLAT RECORDED IN VOLUME 2 ()F PLATS,ON PAGE 40,RECORDS OF SNOHOMISH COUNTY.WASHINGTON.LYlNG EASTERLY OF A LINE DRAWN PARALLEL WITH AND DISTANT 25.0 FEET EASTERLY OF, AS MEASURED AT RIGHT ANGLES TO BURLINGTON NORTHERN RAILROAD COMPANY'S (FOFJI.fERLY GREAT NORTHERN RAILWAYS COMPANY'S)BRANCH LINE MAIN TRACK CENTERLINE,ASNOW LOCATED A!'ol)CONSTRUCTED UPON.OVER AND ACROSS SAID BLOCK 2,MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF THE ABOVE DESCRIBED TRACT.THE TRUE POINT OF BEGINNING, THENCE SOUTIIERLY ALONG THE EASTERLY MARGIN OF SAID RAILROAD 11.76 FEET; THENCE SOUTIlEASTERLY 79.00 FEET TO APOINT 24.97 FEET S01JI1I OF THE SOUTHEAST CORNER OF SAID LOT 22; THENCE NORTH 79.00 FEET TO THE SOUTHEAST CORNER OF SAID LOT 22; -THENCE WESTERLY 76.62 FEET TO THE TRUE POINT OF BEGINNING AND ALL OF THAT PORTION OF 9TH ST.LYING NORTHERLY AND ABUTTING LOTS 3 AND 4,BLOCK 2,PALMER ADDITION TO MARYSVILLE, W ASHlNGTON,ASPER PLAT RECORDED IN VOLUME 2 OF PLATS, ON PAGE 40,RECORDS OF SNOHOMISH COUNTY,W ASHlNGTON,LYING EASTERLY OF A LINE DRAWN PARALLEL WITH AND DISTANT 25.0 FEET EASTERLY OF, AS MEASURED AT RIGHT ANGLES TO BURLINGTON NORTHERN RAILROAD COMPANY'S (FORMERLY GREAT NORTHERN RAILWAYS COMPANY'S) BRANCH LINE MAIN TRACK CENTERLINE.AS NOW LOCATED AND CONSTRUCTED UPON,OVER AND ACROSS SAID BLOCK 2. ALL SITUATE IN THE COlJ1','TY OF SNOHOMISH.STATE OF WASHINGTON.