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HomeMy WebLinkAboutR-1576 - Affirming the decision of the hearing examiner denying a variance application from MMC 12.24.020 to retain a temporary fence for Northward ConstructioCIT Y 0 F MAR Y S V ILL E Marysville,Washington RESOLUTION NO./oS U. A RESOLUTION OF THE CITY OF MARYSVILLE AFFIRMING THE DECISION OF THE HEARING EXAMINER DENYING A VARIANCE APPLICATION FROM MMC 12.24.020 TO RETAIN A TEMPORARY FENCE FOR NORTHWARD CONSTRUCTION. WHEREAS,Northward Construction owns certain real property located at Lots 14 though 17 in the subdivision of Crystal Heights,commonly known as 5627,5631,5729 and 5733 72nd Drive N.E.in Marysville,Washington;and WHEREAS,Northward Construction applied to the city for a variance to construct and maintain a temporary fence on top of the curb in city right-of-way in front of model homes in the Plat of Crystal Heights;and WHEREAS,the city Hearing Examiner held a public hearing on July 23,1992 and adopted findings of fact,conclusions and a recommendation denying the variance request under section 12.24.020 of the Marysville Municipal Code;and WHEREAS,the city Council held a public meeting on said variance reques~on August 24,1992 and concurred with the findings of fact,conclusions and recommendation of the Hearing Examiner;NOW,THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MARYSVILLE,WASHINGTON AS FOLLOWS: 1.The findings of fact,conclusions and recommendation of the Hearing Examiner with respect to the above-referenced variance request under File No.PA9206024 is hereby affirmed. 2.The applicant Northward Construction shall also repair any and all damage to the city's sidewalk and curb resulting from the removal of the fence. 3.This decision shall be final and conclusive with the right of appeal by any aggrieved party to the Superior Court of Snohomish County by writ of certiorari,writ of prohibition,or writ of mandamus within fifteen (15)calendar days after the passage of this resolution. RESOLUTION - 1 Imsvl/northward.res "I J 1 -s ,- ~ PASSED by the city council and APPROVED by the Mayor this I'IM..day of ~1992. CITY OF MARYSVILLE ATTEST: B~~'TY CLERK Approved as to form: By 11~k.,w»1J ,CITY ATTORNEY RESOLUTION - 2 /msvl/northward.res MAYOR ~---------------------------------------- ), INcoa'OIlATED IIti September 16,1992 Mr.Craig Kruger Northward Construction 1560-140th Avenue N.E. Bellevue,WA 98005 • Dear Mr.Kruger: City Clerk Enclosed please find a copy of Resolution No.1576 of the City of Marysville affirming the decision of the hearing examiner denying a variance application from MMC 12.24.020 to retain a temporary fence for Northward Construction. If you have any questions regarding this resolution,please feel free to call our Planning Department at 659-8470. Sincerely, ~,Q U,~Mary~S~~n City Clerk MPS/ll Enclosure cc:Planning Department 514 Delta Ave .•Marysville Washington.98270.(206)659-8477.Fax(206)653-9751