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HomeMy WebLinkAboutO-2126 - Rezone (Special)CITYOF MARYSVILLE Marysville,Washington ORDINANCE NO.d.-12c" AN ORDINANCE OF THE CITY OF MARYSVILLE AFFIRMING THE DECISION OF THE HEARING EXAMINER AND REZONING PROPERTY OWNED BY HARVEY JUBIE, AND AMENDING THE OFFICIAL ZONING MAP PREVIOUSLY ADOPTED IN ORDINANCE NO.772. WHEREAS,Harvey Jubie owns a parcel containing approximately 0.63 acres located at the southeast 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,Harvey Jubie applied to the City for a rezone from RS 7200 to Mixed Use to allow construction of a 5,638- square-foot office building under File No.PA 9608038;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 Harvey Jubie subject to thirteen (13)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 Imv/jubie.ord2 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. this ~d~~;~e__C~i~t~y~~~C~O~~u~C_l_'1__a_~d1~~~~OVED by the Mayorf\ CITY OF MARYSVILLE Mayor Attest: BY¥~~CitYClerk Approved as to form: By~/(.UJ~ .City Attorney Date of Publication:~~~/17 Effective Date (5 days after publication): ORDINANCE - 2 /mv/jubie.ord2 ..... / J v, EXHIBIT A LEGAL DESCRIPTION The land referred to in this commitment is situated in the county of Snohomish,state o~Washington,and described as follows: That portion of the north 211.5 feet of the west half of the northwest quarter of the southwest quarter of the northwest quarter of Section 27,Township 30 North,Range 5 East,W.M.,lying north of the north line of Tract conveyed to Mark A.Wheeler by deed recorded under Recording Number 7709290129;. EXCEPT County Road;AND EXCEPT that portion lying within the following described tract; Beginning at the northwest corner of the north 211.5 feet of the west half of the northwest quarter of the southwest quarter of the northwest quarter of Section 27,Township 30 North,Range 5 East .. W.M.; thence south 00Z7'30"east'90.75 feet; thence south 87°53'30"east 30 feet to the true point of beginning; thence north 0°27'30"west 70.7 feet; thence south 87°53'30"east 63.7 feet; thence on a curve to the right having a radius of Z19.7 feet for a distance of 94.5 feet to true point of beginning.