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HomeMy WebLinkAboutO-2125 - Rezone (Special)CITY OF MARYSVILLE Marysville,Washington ORDINANCE NO .•lfolS- AN ORDINANCE OF THE CITY OF MARYSVILLE AFFIRMING THE DECISION OF THE HEARING EXAMINER AND REZONING PROPERTY OWNED BY DAVID THORP, AND AMENDING THE OFFICIAL ZONING MAP PREVIOUSLY ADOPTED IN ORDINANCE NO.772. WHEREAS,David Thorp owns real property located at the northwest corner of 51st Avenue N.E.and Grove Street in the City of Marysville,said property being legally described in EXHIBIT A attached hereto;and WHEREAS,David Thorp applied to the City for a rezone from RS 7200 to Mixed Use to allow construction of a two- story mixed-use building which will consist of approximately 3,534 square feet of specialty retail/office space (ground floor)and six one-bedroom apartments (top tloor)under File No.PA 9612049;and WHEREAS,the City Hearing Examiner held a public hearing on said rezone on March 13,1997 and adopted Findings of Fact,Conclusions and a Recommendation approving the rezone of David Thorp subject to fifteen (15)conditions;and WHEREAS,the Marysville City Council held a public meeting on said rezone on April 14,1997 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 RS 7200 to Mixed Use. 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 /mv/thorp.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 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 this 2g~day of ~~~~ncil and APPROVED by ~t 1997. CITY OF MARYSVILLE QruilMtitJj the Mayor Mayor Attest: BY1p~~City Clerk Approved as to form: By~~K.LJ~ City Attorney Date of Publication:(/3<:,(17 Effective Date (5 days after publication): ORDINANCE -2 /mv/thorp.ord ,.'.,.,.. EXHIBIT A LEGAL DESCRIPTION Lots 18, 19, 20, 21 and 22, Block 13,Aubury's Addition to.Marysville,according to the plat thereof recorded in Volume 2 of Plats,page 77,records of Snohomish County, Washington; EXCEPT that portion conveyed to Snohomish County by Auditor's File No.7605040263; AND EXCEPT that portion conveyed to the City of Marysvill.e by Auditor's File No. 9105290386.