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HomeMy WebLinkAboutO-2172 - Rezone (Special)CITY OF MARYSVILLE Marysville,Washington ORDINANCE NO..217 2.. AN ORDINANCE OF THE CITY OF MARYSVILLE AFFIRMING THE DECISION OF THE HEARING EXAMINER APPROVING A STREET VARIANCE PER MMC 12.02.11 OAND REZONING PROPERTY OWNED BY FRED AND SHIRLEY BURTON, AND AMENDING THE OFFICIAL ZONING MAP PREVIOUSLY ADOPTED IN ORDINANCE NO.772. WHEREAS,Fred and Shirley Burton own a parcel containing approximately 2.3 acres located south of 84th Street N.E., between 77th and 69th Avenue N.E.,at 7720 -84th Street N.E.,in the City of Marysville,said property being legally described in EXHIBIT A attached hereto;and WHEREAS,Fred and Shirley Burton applied to the City for a rezone and street variance per MMC 12.02.110 from Rural Conservation 2.3 to Single Family Residential 4.5 (R4.5)to allow an 8-lot short subdivision under File No.PA9706018; and WHEREAS,the City Hearing Examiner held a public hearing on said rezone and street variance per MMC 12.02.110 on October 23,1997 and adopted Findings of Fact,Conclusions and a Recommendation approving the rezone and street variance per MMC 12.02.110 of Fred and Shirley Burton subject to twelve (12)conditions;and WHEREAS,the Marysville City Council held a public meeting on said rezone and street variance per MMC 12.02.110 on November 24,1997 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 per MMC 12.02.110 are hereby approved,and the above-described property is hereby rezoned from Rural Conservation 2.3 to Single Family Residential 4.5 (R4.5). Section 2.The zoning classification for the above- described property shall be perpetually conditioned upon ORDINANCE - 1 /mv/burton.ord 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 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. P~D by the City Council and APPROVED by the Mayor this day of December,1997. CITY OF MARYSVILLE (lj tJJ&41 Mayor Attest: BY~Cicy Clerk Approved as to form: By~r·CJ~ »City Attorney Date of publication:---hl./;,}~ItV") Effective Date (5 days after publication): ORDINANCE - 2 /mv/burton.ord ·EXHIBIT A LEGAL DESCRlPTlQN IH.A.r POR T>CH if 11-£osr H.AU'if l}<'samocsr OOM TVf if »-£NO'lThlOSr OOMTF:R o:S£CTlOH 2.1.~JO NO'l7}(. II.AJ<:£5 CAST.10:1.1.L l'WC son»ce ~S(XJTHCRJ..y ~y if CCTO-£l.L HfU.JtOJ.D; D:C£P r IH.A.T POR TlOH ~lCl'OJ 10 11-£0 TY if ~l'S\U.£ fT:If IfO.'.D IJI<JCR AUJ(1O'f-S ru:NO."0n 004~ S7tJA7'C IH 11<COVITY or ~SH.STA7'C CY ~TON. QjffiERS FRE:D NC SHRU:Y ~rr:w T7'2O ~lH ST sc II.A.R\'S\U£WA Id2 70 (:Jt5C)e,.,-lll.J5