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HomeMy WebLinkAboutO-2201 - Rezone (Special)"D-....,.,..- -( CITY OF MARYSVILLE Marysville,Washington ORDINANCE NO.:l.,i.O/ -------------- I~~7..,J; {-~.7.0. ,-9A.~J (-~ AN ORDINANCE OF THE CITY OF MARYSVILLE AFFIRMING THE DECISION OF THE HEARING EXAMINER AND REZONING PROPERTY OWNED BY BELMARK INDUSTRIES, INC., AND AMENDING THE OFFICIAL ZONING MAP PREVIOUSLY ADOPTED IN ORDINANCE NO.772. WHEREAS,Belmark Industries,Inc.owns a parcel containing approximately 4.43 acres located west of 64th Avenue N.E.,on the south side of 70th Street N.E.in the City of Marysville,said property being legally described in EXHIBIT A attached hereto;and WHEREAS,Belmark Industries,Inc.applied to the City for a rezone from Single Family Residential 9,600 (RS 9,600) to Single Family Residential 4.5 (R 4.5)to allow a 7-lot short subdivision under File No.PA 9710050;and WHEREAS,the City Hearing Examiner held a public hearing on said rezone on May 14,1998 and adopted Findings of Fact, Conclusions and a Recommendation approving the rezone of Belmark Industries,Inc.subject to twelve (12)conditions; and WHEREAS,the Marysville City Council held a public meeting on said rezone on June 22,19998 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 Single Family Residential 9,600 (RS 9,600)to Single Family Residential 4.5 (R 4.5). 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 ORDINANCE - 1 /mv/belmark.ord ·~'...' 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 t..e~day of July.1998. CITY OF MARYSVILLE Wuk Mayor Attest:..--- Approved as to form: City Clerk ByG~{C w....u-dJ ,City Attorney Date of Publication:il8'\CZR' Effective Date (5 days after publication):~~j,~3~!ru~L-__ ORDINANCE - 2 Irnv/belmark.ord LEGAL DESCRIPTION: Pacrcel A: The weet one-half of the weet one-half of the eouthiJeet one-quarter of the eoutheaet one-quarter of the northeaet one-quarter of Sectron 21,Townehlp ~O North,Range 5 Eaet,W.M .. Except the north 20 feet thereof conv~ed to 5nohomleh Count~UJaehlngton b~deed recorded under audltor'e file numbere 4':10168,4':114':16 and 1':I8':1~':I5,recorde of 5nohomleh Count~,Waehlngton. Pacrcel B: All that portion of the eaet one-half of the weet one-half of the eouthiJeet one-qu<!lrter of the eouthe<!let one-quarter of the nort~et one-qu<!lrter of SectIon 21,Townehlp ~O North,Ranges 5 E<!Iet,W.M.Aleo Mown <!Ie Tract 22 of the unrecorded Plat of Green valle~Farme,deecrlbed ae followe: BEGINNING at the eoutheaet corner of the above deecrlbed eubdlvlelon;thence NOO'39'20"W,along the eaet line of eald saet one-half of the weet one-half of the eouthlleet one-qudrter of the eouthea,'It one-quarter of the northeaet one-quarter of SectIon 21,for 52536 feet;thence N89°~3'00"W for 101.26 feet;thence NOO'. 3':1'20"W for 91.80 feet to the eouth margin of 10th Street N.E~thence N89°~3'00"W,along eald etreet margin,for 55.01 feet to the weet line of the eald eaet one-half of the weet one-half of the eouthiJeet one-quarler of the eoutheaet one-quarter of the northeaet one-quarter of Section 21;thence 500"39'01"E,along eald weet line,for 622.81 feet more or Ieee to the eouth line of the eald eaet one-half of the weet one-half of the eouthiJeet one-quarter of the eoutheaet one-quo!!rter of the northeaet one-quarter of Section 21 a leo being lhe north line of the plat of 5uncreet Terrace accordIng to the plat tl-)ereof ae recorded In Volume 44 of Plate,on pagee 120 and 12\recorde of 5nohomleh Count~,UJaehlngton;thence 589°26'30"E,along !\dId line for 103.40 feet lo the TRUE POINT OF BEGINNING. .... ......... " 54.Affidavit of Posting 55.Staff Recommendations dated 5/7/98 PARTIES of RECORD: Steve Muller Belmark Industries 505 Cedar Avenue, B-1 Marysville,WA 98270 Kevin Nunamaker 691562"0 Drive N.E. Marysville,WA 98270 Hearing Examiner Recommendation Case No.: PA 9710050 Page 6 PI arming Department MARYSVILLE HEARING F.YnMT»~D UYun=~~___