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HomeMy WebLinkAboutR-1525 - Affirming the decision of the hearing examiner but denying the rezone request of RBK Industries, Inc without prejudice under File No. PA 9105019ec'~~lt6 CIT Y 0 F MAR Y S V ILL E Marysville,Washington RESOLUTION NO./~.)~ A RESOLUTION OF THE CITY OF MARYSVILLE AFFIRMING THE DECISION OF THE HEARING EXAMINER BUT DENYING THE REZONE REQUEST OF RBK INDUSTRIES,INC.WITHOUT PREJUDICE UNDER FILE NO.PA 9105019. WHEREAS,RBK Industries,Inc.owns five acres located at 8700 -67th Avenue N.E.,southwest quadrant of intersection of 67th Avenue N.E.and 88th Street N.E.;and WHEREAS,RBK Industries,Inc.applied to the city for a rezone of said property from R-12,500 to RMH (high density, mUltiple family);and WHEREAS,the Hearing Examiner held a pUblic hearing on said rezone application on December 12,1991 and January 9,1992;and WHEREAS,the Hearing Examiner recommended denial of said rezone application and entered Findings,Conclusions and Recommendation concerning said application;and WHEREAS,the City Council had a public meeting on said rezone on February 10,1992 and concurred with the Findings of Fact,Conclusions and Recommendations of the Hearing Examiner, but found that in light of the fact that the city is in the process of rewriting its Comprehensive Plan,it would be appropriate to deny the application without prejudice;NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MARYSVILLE,WASHINGTON,AS FOLLOWS: The Findings of Fact,Conclusions and Recommendation of the Hearing Examiner denying said rezone application is hereby AFFIRMED,except that said denial shall be without prejudice. For a period of twelve months from the date of this resolution, the applicant may resubmit his application along with the record of the Hearing Examiner to the city Council for reconsideration without further pUblic hearing by the Hearing Examiner. This decision shall be final and conclusive with right of appeal to the Superior Court of Snohomish County by writ of certiorari,writ of Prohibition or writ of Mandamus within fifteen calendar days of the date of this resolution. RESOLUTION - 1 MAYOR ~PASSED by the City Council and APPROVED by the Mayor this J'/day of ~1992. CITY ~VILLl! BY~~ Attest,.~.BY~BOCI CLERK Approved as to form: By LJ&v>vtK·IA./J CITY ATTORNEY RESOLUTION - 2