HomeMy WebLinkAboutR-1526 - Granting a variance under MMC 19.16 for the Rex Hensrud property located at 5438 7th Avenue NE Marysville Washington..~/-c;~
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CIT Y 0 F MAR Y S V ILL E
Marysville,Washington
RESOLUTION NO.1..$;";).(,
A RESOLUTION OF THE CITY OF MARYSVILLE GRANTING A
VARIANCE UNDER MMC 19.16 FOR THE REX HENSRUD PROPERTY
LOCATED AT 5438 47TH AVENUE N.E.,MARYSVILLE,
WASHINGTON.
WHEREAS,Rex Hensrud,the applicant,has applied for a
variance from the fence setback requirement for auto wrecking
yards as set forth in MMC Chapter 19.16;and
WHEREAS,a pUblic hearing on the variance application was
held by the Hearing Examiner on December 12,1991 under File No.
PA 9110039;and
WHEREAS,on December 30,1991 the Hearing Examiner entered
findings of facts,conclusions and a recommendation that the
requested variance be denied;and
WHEREAS,on January 6,1992 the applicant appealed the
recommendation of the Hearing Examiner and on January 27,1992
the City Council scheduled a public hearing on said appeal for
February 24,1992;and
WHEREAS,on February 24,1992 the Marysville city Council
held a public hearing and heard testimony by staff and the
applicant and reviewed the findings,conclusions and
recommendation of the Hearing Examiner;NOW,THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
MARYSVILLE,WASHINGTON AS FOLLOWS:
The Marysville City Council makes the following findings of
fact:
1.There are other industrial uses in the vicinity of the
applicant's property which are not subject to the same fencing
setback requirements as are required of the applicant.
2.Because the applicant's property is located within an
industrial zone and otherwise is compatible with the uses in the
vicinity,inclUding,but not limited to,the fact that the
subject property is located on a limited access street.
3.The requirement of a 50-foot setback for the fencing of
the applicant's operation would be unduly burdensome and
restrictive on the intended use for the property.
Resolution - 1
·.
4.The relaxation of the 50-foot fence setback requirement
will not create a material detriment to the surrounding
properties and improvements in the vicinity of the applicant's
property.
The City Council hereby enters the following conclusions:
1.The variance will not constitute a grant of a special
privilege inconsistent with the limitation upon uses of other
properties in the vicinity and the zone in which the property on
behalf of which the application was filed is located.
2.The variance is necessary because of special
circumstances relating to the size,shape,topography,location,
or surroundings of the subject property.Also,other properties
in the vicinity and in the same zone are not sUbject to the same
setback requirements as the applicant's property.
J.The granting of the variance will not be materially
detrimental to the public welfare or injurious to the property or
improvements in the vicinity and zone in which the sUbject
property is situated.
Based upon the foregoing findings of fact and conclusions,
the city Council hereby reverses the recommendation of the
Hearing Examiner and grants the applicant's variance subject to
the following conditions:
1.The applicant shall be reqUired to construct the fence
on his property pursuant to city Code and shall be required to
provide a minimum five-foot setback from the property line.
2.The applicant shall meet all other City Code
requirements for fencing of a junk yard operation.
Any party aggrieved by this resolution shall have the right
to file an application for a writ of certiorari in Snohomish
County Superior Court;PROVIDED,that the application must be
filed and served within 20 days of the date of this resolution.
nPASSED by the City Council and APPROVED by the Mayor this
;).f\V day of March,1992.
CITY OF MARYSVILLE
ByWM~k
MAYOR
Resolution - 2
·.
ATTEST:
lA-~N='CITY CLERK
Approved as to form:
BY~/C.CJ-UeS?
CITY ATTORNEY
Resolution - 3