HomeMy WebLinkAboutO-2521 - Rezone (Special)----------------_..._-----------_.._-------
CITY OF MARYSVILLE
Marysville,Washington
ORDINANCE NO.:2 $')..(
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AN ORDINANCE OF THE CITY OF MARYSVILLE AFFIRMING THE
DECISION OF THE HEARING EXAMINER AND REZONING A PARCEL OF
PROPERTY OWNED BY BORSETH CONSTRUCTION AMENDING THE
OFFICIAL ZONING MAP OF THE CITY
WHEREAS,Borseth Architects owns a parcel of property that is approximately 0.50-acers
in size located adjacent to and north of the entrance to Eagle Point Mobile Home Park, at
approximately the 14600 Block of 51" Avenue NE,in the City of Marysville,said property being
legally described in Exhibit A attached hereto; and
WHEREAS,Borseth Architects submitted an application to the City of Marysville
requesting a parcel specific project action rezone from Medium Density Multi-family (R-18)to
Neighborhood Business (NB) and approval of a commercial site plan under File Number PA 04-
003; and
WHEREAS,the City of Marysville Hearing Examiner held a public hearing on said rezone
application on April 8, 2004 and adopted Findings,Conclusions and Recommendation approving
the rezone request subject to six (6) conditions; and
WHEREAS,the MarysvilleCity Council held a public meeting on said rezone on May 10,
2004 and concurred with the Finding,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 Finding, Conclusions and Recommendation of the Hearing Examiner with
respect to the above referenced rezone are hereby approved,and the property described in Exhibit
A is hereby rezoned from Medium Density Multi-family(R-18)to Neighborhood Business (NB).
Section 2.The zoning classification for the property described in Exhibit A shall be
perpetually conditioned upon strict compliance with each of the conditions set forth in the Findings,
Conclusions and Recommendation of the Hearing Examiner.Violation of any of the conditions of
said decision may result in reversion ofthe property to the previous zoning classification and/or
may result in enforcement action being brought by the City of Marysville.
Section 3.The official zoning map of the City of Marysvilleis hereby amended to reflect the
reclassification of the property described in Exhibit A.
Section 4.This decision shall be finaland consclusive with the right of appeal by any
aggrieved party to Superior Court of Snohomish County by filinga Land Use Petition pursuant to
the Land Use Petition Act within twenty-one (21)daysafter passage of this ordinance.
Section 5. Severability.If any section, subsection,sentence,clause, phrase or work of this
ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such
invalidity or unconstitutionality thereof shall not affect the validity or constitutionality of any other
section,subsection,sentence,clause,phrase or word of this ordinance.
PASSED by the City Council and APPROVED by the Mayor this ;CPJ-day of
~/,2004.
CITY OF MARYSVILL~/
By:~/;:$
DENNIS KENDALL,MAYOR
A~By:~r
GERRYB KER,CITY CLERK,
Approved as to form:
By:j)Nmt{("WvJ
GRANT K.WEED,CITY ATTORNEY
Date of Publication:
Effective Date:
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(5days after publication)
EXHIBITA
Assessor's Parcel Number.
310533-004-002-00
Legal Description:
Beginning at the Northeast corner of the North half of the Southeast quarter of
Section 33, Township 31 North, Range 5 East, W.M.;
thence South 03°44'21U West along the East line of said North half for 492.15 feet
to the True Point of Beginning;
thence North 84°47'59"West for 143.27feet;
thence South 50°00'00"West for 90.00 feet;
thence South 03°32'40"West for 90.00 feet;
thence South 86°2720"East for 207.91 feet to the East line of said North half;
thence North along said East fine to the True Point of Beginning;.
EXCEPT any portion lying within 51st Ave. NE and any portion lying Easterly of
said road.