HomeMy WebLinkAboutO-2146 - Rezone (Special)CITY OF MARYSVILLE
Marysville,Washington
ORDINANCE No.~/i£'
AN ORDINANCE OF THE CITY OF MARYSVILLE AFFIRMING THE
DECISION OF THE HEARING EXAMINER AND REZONING PROPERTY
OWNED BY ROBERTNEHRING, AND AMENDING THE OFFICIAL ZONING
MAP PREVIOUSLY ADOPTED IN ORDINANCE NO.772.
WHEREAS,ROBERT NEHRING owns a parcel located south of
SR 528,east of 68th Avenue NE,and north of 61st Place N.E.,
in the City of Marysville,said property being legally
described in EXHIBIT A attached hereto;and
WHEREAS,ROBERT NEHRING applied to the City for a rezone
from single-family residential (RS 12,500)to single-family
residential (RS 9,600)to allow a six-lot short subdivision
with a street variance allowing 30'of right-of-way frontage
instead of the required 40',under File No.PA 9704012;and
WHEREAS,the City Hearing Examiner held a public hearing
on said rezone and street variance on July 24,1997 and
adopted Findings of Fact,Conclusions and a Recommendation
approving the rezone and street variance of ROBERT NEHRING
subject to 17 conditions;and
WHEREAS,the Marysville City Council held a public
meeting on said rezone and street variance on September 2,
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 and street variance are hereby
approved,and the above~described property is hereby rezoned
from single-family residential (RS 12,500)to single-family
residential (RS 9,600)with a variance allowing 30'of right-
of-way frontage instead of the required 40'.
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
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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
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 September,1997.
CITY
Mayor
Attest:
B~CitYClerk
Approved as to form:
BY/J~K.W~
•C1ty Attorney
Date of Publication:c;,/yyl97
Effective Date (5 days after publication):
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EXHIBIT A
LEGAL DESCRIPTION
THELAND REFERRED TOHEREINIS SITUATED INTHESTATEOF WASHINGTON,
COUNTY OF SNOHOMISH ANDIS DESCRIBED AS FOLLOWS:
PARCEL A:
APORTIONOFTHE SOUTHEAST QUARTER OFTHE SOUTHWEST QUARTER OF
SECTION26,TOWNSHIP 30 NORTH,RANGE5EAST,WM.,DESCRIBED AS
FOLLOWS:
BEGINNING AT TIlE NORTHWEST CORNER OF TIlE SOUTH HALFOFTHE
SOUTHEAST QUARTER OFTHE SOUTHWEST QUARTER OF SAID SECTION 26;
THENCE N.89°16'OI"E.,ASPER SURVEY FOREVERETT IMPROVEMENT
COMPANY RECORDED IN VOLUME 2 OF SURVEYS,PAGE 100,AUDITOR'S FILE
NO.2376606,RECORDS OF SNOHOMISH COUNTY,WASHINGTON,FOR 120.0
FEET;
THENCE S.oolO'09"W.,FOR140.00FEET;
THENCE N.89°16'01 "E.,FOR45.00FEET;
THENCEN.ooI0'09"E.,FOR462FEETTO THENORTHLINEOFTHE SOUTH
HALFOF TIlE NORTHHALFOFTHE SOUTHEAST QUARTER OFTHE SOUTHWEST
QUARTER OF SAID SECTION 26 AND APOINT wares LIES 165.00 FEETAS
MEASURED ALONG SAID NORTH LINEFROMTHE WESTLINEOFTHE SOUTHEAST
QUARTER OF TIlE SOUTHWEST QUARTER;
THENCE S.89°16'OI "W.,ALONG SAID NORTH LINEFOR165.00FEETTO
SAIDWESTLINEOFTHE SOUTHEAST QUARTER OF TIlE SOUTHWEST QUARTER;
THENCE S.ooIO'09"W.,ALONG SAID WESTLINEFOR321.99FEETTOTHE
TRUE POINTOF BEGINNING.
SITUATE INTHE COUNTY OF SNOHOMISH,STATEOF WASHINGTON.
PARCEL B:
ALLTHATPORTIONOFTHESOUTHHALFOFTHE SOUTHWEST QUARTER OF
SECTION26,TOWNSHIP 30 NORTH,RANGE5EAST, WM.,DESCRIBED AS
FOLLOWS:
BEGINNING ATAPOINTON THE WESTLINEOFTHESOUTHHALFOFTHE
SOUTHEAST QUARTER OFTHE SOUTHWEST QUARTER,140FEET SOUTH OF THE
NORTHWEST CORNER THEREOF;•
THENCEN.89°I6'48"E.,PARALLEL WITH THE NORTH LINEOF SAID
SUBDIVISION FORA DISTANCE OF 120FEET;
THENCE N.Oo 1O'18"E.,PARALLEL WITH THE WESTLINEOF THE SOUTHEAST.__-
QUARTER OFTHE SOUTHWEST QUARTERFOR140 FEETTO THE NORTHLINEOF
THESOUTHHALFOFTHESOUTHHALFOFTHE SOUTHWEST QUARTER OF SAID
SECTION26;
THENCES.89°16'48"W.,ALONG THE NORTHLINEOFSAID SUBDIVISION
FOR150FEETTOTHE NORTHEAST CORNEROFLOT 13,GRAAFSTRA PLAT,
ACCORDING TO THEPLATTHEREOF RECORDED IN VOLUME 23OF PLATS,PAGE
57;
THENCE SOUTHALONGTHEEASTLINEOFSAIDLOTTOTHE NORTH LINEOF
61STPLACE NORTHEAST;
THENCE EASTALONGTHENORTHLINEOF SAIDSTREETFOR30FEETTOTHE
WESTLINEOFTHE SOUTHEAST QUARTEROFTHE SOUTHWEST QUARTER OF
SECTION26;
THENCE SOUTH ALONG THE WESTLINE THEREOF FOR20 FEETTOTHEPOINT
OF BEGINNING.
SITUATE INTHE COUNTY OF SNOHOMISH,STATEOF WASHINGTON.
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