HomeMy WebLinkAboutO-2196 - Rezone (Special).'.',....,
CITY OF MARYSVILLE
Marysville,Washington
ORDINANCE NO..;).(~("
AN ORDINANCE OF THE CITY OF MARYSVILLE,WASHINGTON
AFFIRMING THE DECISION OF THE HEARING EXAMINER,APPROVING
THE REZONE AND VARIANCES FOR PROPERTY LOCATED NORTH OF
GROVE STREET,WEST OF 59TH DRIVE N.E. AND EAST OF 53RD
AVENUE N.E., AT 5615 AND 5616 GROVE STREET;AMENDING THE
OFFICIAL ZONING MAP PREVIOUSLY ADOPTED IN ORDINANCE NO.
772,AND DENYING THE APPEAL OF SUZANNE SMITH-HABITATS
NW-QUAD.
WHEREAS,Robert Aldridge is the owner of real property
containing approximately 2.068 acres generally located north
of Grove Street,west of 59th Drive N.E.and east of 53rd
Avenue N.E.,at 5615 and 5616 Grove Street,in the City of
Marysville,said property being legally described in Exhibit
A attached hereto;and
WHEREAS,Robert Aldridge applied to the City for a
rezone from Single-Family Residential 9600 (RS-9600 to High
Density Single-Family Residential 6.5 (R-6.5)and a rear yard
setback variance for Lots 1 through 5,and lot depth variance
for Lot 3,to allow a 6-lot short subdivision under File No.
PA9710028;and
WHEREAS,the City Hearing Examiner held a public hearing
on the above-referenced application on March 12,1998 and
adopted findings of fact,conclusions and a recommendation
approving the application subject to 18 conditions;and
WHEREAS,on April 1,1998 Suzanne Smith-Habitats NW-Quad
(hereafter the "Appellant")filed an appeal of the Hearing
Examiner's decision;and
WHEREAS,on May 4,1998 the Marysville City Council held
a closed record appeal as provided by MMC Chapter 15.11;and
WHEREAS,the City Council having considered Appellant's
appeal dated April 1,1998,the applicant's written response
to said appeal dated April 24,1998,the written materials
submitted by the Appellant,the oral summation of Appellant
and the applicant,the staff report of the City Planning
Department dated April 30,1998,and the entire record of the
proceedings before the Hearing Examiner;
Imv/aldridge.ord28 1
HEREBY MAKES THE FOLLOWING FINDINGS OF FACT,CONCLUSIONS
AND DECISION:
FINDINGS AND CONCLUSIONS
1.By letter dated April 24,1998,the applicant
asserts that Appellant lacked standing to bring this appeal.
2.MMC 15.11.030 proscribes who may appeal decisions
of the Hearing Examiner.MMC 15.11.030 reads as follows:
Decisions of the Hearing Examiner may be appealed
to the City Council,by any aggrieved parties of
record,or the city staff.
3.MMC 15.01.030(2)defines "aggrieved person"as
follows:
(2)"Aggrieved person"means one whose
proprietary,pecuniary or personal rights would be
substantially affected by a particular action as
determined by the Hearing Examiner.
4.Appellant has demonstrated sufficient facts in her
appeal that would demonstrate standing.
5.
that:
The appeal filed by Appellant generally argues
a.The Hearing Examiner did not require adequate
buffer widths pursuant to the City's sensitive areas
ordinance and comprehensive plan policies;
b.
requested
and
The Hearing Examiner erred by granting the
variances to Lot 8 of the proposed short plat;
c.The Hearing Examiner erred in determining that
the development made adequate provisions for parks and
recreation facilities,playgrounds and sites for schools
and school grounds.
6.The City Council finds that Appellant has provided
no reference in the record which demonstrates that the
applicable provisions of the City's sensitive areas ordinance
were misapplied or misinterpreted.To the contrary,review
of the record demonstrates that significant analysis was
performed by a qualified consultant on behalf of the
applicant.Such analysis justifies and supports application
of buffer widths consistent with those approved by the
/mv/aldridge.ord28 2
Hearing Examiner.On the other hand,there was no testimony
or evidence in the record presented by the Appellant or by a
qualified consultant on behalf of the Appellant controverting
the evidence presented by the applicant with respect to
buffer widths and the application of the sensitive areas
ordinance.Exhibits in the ordinance which support this
finding/conclusion include,but are not limited to,Exhibits8':9,10,13,30,31,33,38 ,and 39 .
7.The variance requests to the rear yard setback for
Lots 1 through 5 and lot depth for Lot 3 meet the criteria of
MMC 19.54 and MMC 20.32.The Hearing Examiner properly
applied the variance criteria to the facts in the record.
8.The Appellant did not raise issues relating to park
and school mitigation fees during the open record hearing,
and consideration of such issues are therefore not
appropriate.Even if such issues had been timely raised,the
impact mitigation fees required of the applicant are
consistent with the current provisions of the Marysville
Municipal Code.
DECISION
Based upon the above-referenced findings and
conclusions,the Marysville City Council hereby renders the
following DECISION:
1.The appeal of Suzanne Smith-Habitats NW-Quad is
hereby DENIED.
2.The Findings of Fact,Conclusions and
recommendation of the Hearing Examiner with respect to the
above-referenced application are hereby APPROVED,and the
above-described property is hereby REZONED from RS-9,600 to
Single-Family Residential 6.5,and the variance requests for
rear yard setback for Lots 1 through 5 and lot depth for Lot
3 are hereby APPROVED.
3.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.
/mv/aldridge.ord28 3
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4.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.
5.This decision shall be final and conclusive with
the right of appeal by an 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 passage of this ordinance.
PASSED by the
this 271::1..day of
City Council and APPROVED by the Mayor
~,1998.
CITY OF MARYSVILLE
fl(Ju)~
MAYOR
ATTEST:
B~J..,~TY CLERK
Approved as to form:
By~/Cu..u..f)
•CITY ATTORNEY
Date of Publication:oeIL5;11~
Effective Date (5 days after publication):
/mv/aldridge.ord28 4
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Order No.600732.3
LEGAL DESCRIPTION:
PARCEL A:
That portion of the Northeast quarter.of t~e Northwest quarter of
Section 27;Township 30 North,Range 5 East,W.M.,described asfollows:
Beginning at the Southwest corner of the Northeast quarter of said
Northeast quarter of the Northw~st quarter;.
thence South 62°19'50"East,195.80 feet to a point on tlie West
line of Marysville-Arlington County Road;
thence South 44°13'00"West along said West line of County Road
for 250 feet.to the True·Point of Beginning;
thence North 45°47'00"West,270.57 feet;:;
thence South 10°58'30"West,95.65..i;:e.et.;.
thence South 45°47'00"East,2i8.14 feet to a point on the WestlineofsaidCountyRoad;'.
thence North 44°13'00"East along the said West line of County
Rqad for 80.0 feet to the True Point of BeginningI'
Sit~ate in the County of Snohomish,State of Washington.
\PARCEL B:
That portion of the South .half of the Northeast quarter of the
Northwest quarter of Section 27,Township 30·North,Range 5 East,
W.M.,described as fo~lows:
Beginning at the Southwest corner of the Northeast quarter of the
Northeast qua}:"ter of the Northwest quarter of Section 27,Township
30 North,Range 5 East,W.M.; .
Thence South 62°19'50"East along the Southerly line of tract
conveyed to Lorane Terrance Wooten,et ux,by deed recorded under
Auditor's.File No.7570'25,:records of Snohomish County,
Washington,195.8 feet ~o the West line of Marysville-ArlingtonRoad;
Thence in a Southwesterly direction along the West side of saidroad330feet;.
Thence North 45°47'West 218.14 feet to the True Point.ofBegirining;
LEGAL DESCRIPTION CONTINUED NEXT PAGE
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Exhibit -.!L
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Order No ..600732.3
LEGAL DESCRIPTION CONTINUED
Thence South 45°47'East 218.14 feet to the West side of the
aforementioned road;. .' . . .
Thence along said road in a Southwesterly direction 100 feet;
Thence continuing along the West·side of the road with a curve to
the right for 326.33 feet to the Southeast corner of a tract
conveyed to Gunnar Sholand by deed recorded ·in Volume 291 of Deeds
at page 495,under Auditor's File No.665290,records of said
County;
Thence North 8°31'32"East 294:77:feet;
Thence Northeasterly to the True Point of Beginning;
EXCEPT that portion described as follows:
Beginning at the Southwest co=er of.~he Northeast quarter of the
Northeast quarter of the Northwest quarter of Section 27,Township
30 North,Range 5 East,W.M.;
Thence South 62°19'50"East along.the Southerly line of tract
co~veyed to Lorane Terrance Wooten,et ux,by Deed recorded under
Auditor's File No.757025,records of Snohomish County,washington
195.8 feet to the west line of Marysville-Arlington Road;
Thence in a Southwesterly.direction along"the west sd.de of said
road 330 feet;. . -
Thence North 45°47'West 218.14 feet to'the True Point of
Beginning;.
Thence South 45°47'East 218.14 feet to the West side of the
aforementioned road;,
Thence along said road in a Southwesterly direction 101 feet;
Thence Northwesterly in a direct line to the Point of Beginning;
and .I
EXCEPT portion conveyed to Snohomish 'County by instrument recorded
under Auditor's File No.2189155;
Situate in the County of Snohomish,State of Washington.
LEGAL DESCRIPTION CONTINUED NEXT PAGE
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Order No.600732.3
LEGAL DESCRIPTION CONTINUED
PARCEL C:
All that portion of the South half of the Northeast quarter of the
Northwest quarter of Section 27,Township 30 North,Range 5 East,
W.M.,described as follows:
Beginning at the Southwest corner of the Northeast quarter of the
Northeast quarter of the Northwest quarter of Section 27,Township
30 North,Range 5 East,W.M.;.
Thence South 62 0 19'50"East 195.8 feet,more or less,to the
West line of Marysville-Arlington Road;
Thence in a Southwesterly direction along the West side of said
road 330 feet;.
Thence North 45 0 .47'West 218.14 feet to the True Point of
Beginning;'.
Thence North 10 0 58'30"East 181.7 feet,more or less,to a point
on the South line of Lot 6,Allen Creek Addition,as per plat
recorded in Volume 16 of Plats,page 24,records of Snohomish
County,Washington;..
Thence North 89 0 01'West to a point that is 350.36 feet East from
the Northwest corner of the Southwest qu~rter of the Northeast
quarter of the Northwest quarter of said Section;
Thence South 8 0 31'32"West '300.0 feet to a point which is North
8 0 31'32"East 294.77 feet from the.Southeast corner of a tract
conveyed to Gunnar Sholund by Deed recorded in Volume 291 of Deeds
at page 495·under Auditor's File No.665290,records of Snohomish
County;\
Thence in a Northeasterly direction to.the True Point of
Beginning;
EXCEPT that portion described as follows:
Beginning at the Southeast corner of the Plat of Allen Creek
Addition as recorded in Volume 16 of Plats.,page 24,records of
Snohomish County,Washington;
Thence North 89 0 01'00"West 178.93 feet to Point of.Beginning;
Thence continue North 89 0 01'00"West for 104.46 feet;
Thence South 45 0 47'00"East to intersect a line that bears South
10 0 58'30"East ·from the True Point of Beginning;
Thence,North 10 0 58'30"East,along said line,to the True Point
of Beginning.
Situate in the County of Snohomish,State of Washington.
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