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Home My WebLink AboutR-1608 - Granting a variance to the city's home occupation standards for property owned by Diane Grimes located at 940 Quinn Avenue Marysville Washington subje......~- CIT Y 0 F MAR Y S V ILL E Marysville,Washington /-~ I-Glf~A-'I--r~~ I-Cd;~' RESOLUTION NO.11.08 A RESOLUTION OF THE CITY OF MARYSVILLE GRANTING A VARIANCE TO THE CITY I S HOME OCCUPATION STANDARDS FOR PROPERTY OWNED BY DIANE GRIMES LOCATED AT 940 QUINN AVENUE,MARYSVILLE,WASHINGTON,SUBJECT TO CONDITIONS, AND REVERSING IN PART AND AFFIRMING IN PART THE DECISION OF THE HEARING EXAMINER. WHEREAS,Diane and Larry Grimes own certain real property located at 940 Quinn Avenue in the city of Marysville;and WHEREAS,Diane and Larry Grimes applied to the City for a variance to the City's Horne Occupation Standards set forth in MMC 19.08.215 to allow for an increase in the maximum allowable square footage of the horne occupation,for retail sales,and for signage on the premises;and WHEREAS,the City Hearing Examiner held a public hearing on November 19,1992,and as a result of the evidence and testimony presented at such hearing,adopted Findings of Fact,Conclusions and a Recommendation denying the applicant's variance request; and WHEREAS,pursuant to a request by the appl~cant dated December 22,1992,and pursuant to MMC 2.70.130(c),the Marysville city Council scheduled a new public hearing for January 25,1993;and WHEREAS,on January 25,1993 the Marysville city Council held a public hearing on the applicant's appeal and heard testimony and accepted evidence,including,but not limited to, the exhibits and record prepared by 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 applicant's variance for increasing the square footage of the premises allowed for the horne occupation and concerning retail sales on the property under File No.PA92-45 is hereby reversed,and the Marysville city Council hereby adopts the following findings: a.In light of Mr.Grimes's disability,and the consequent necessity for equipment which requires more space,the variance does not constitute a grant of a special privilege inconsistent with the limitation upon uses of RESOLUTION - 1 /msvl/grimes.res ------------------------------ other properties in the vicinity and the zone in which the property which is the subject of the application is located. b.In light of the Mr.Grimes's disability and the need for additional space for accommodating equipment to operate the home occupation,the variance is necessary, because of special circumstances relating to the size, shape,topography,location or surroundings of the subject property,to provide it with use rights and privileges permitted to other properties in the vicinity and in the zone in which the subject property is located. c.So long as the applicant complies with other requirements of City Code and the conditions imposed herein, 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. 2.The Findings,Conclusion and Recommendation of the Hearing Examiner with respect to the applicant's erection of an oversized ground monument sign is hereby affirmed,and the applicant,as a condition of approval of the square footage and retail sales variances,shall,within ten (10)days of the date of this resolution,remove the sign from the premises.As a further condition,any sign proposed for the home occupation shall be approved through a building permit and must meet the requirements of the City's Sign Code. 3.As further conditions to the granting of the square footage and retail sales variance,the applicant shall execute, within ten (10)days of the date of this resolution,a disclosure of conditions and covenants,acceptable in form and content to the city Attorney reflecting that the grant of this variance shall apply only so long as Larry and Diane Grimes own and operate the home occupation business.The covenant shall also stipulate that the variance shall not run with the land and that it shall immediately terminate upon the business ceasing to be owned or operated by Larry and Diane Grimes.Said covenant shall be recorded with the Snohomish County Auditor. 4.The variance for the above-described property shall be perpetually conditioned upon strict compliance with all other provisions of the city's Home Occupation Code,MMC 19.08.215,the City's Business Licensing Regulations under MMC Chapter 5.02,the City's Sign Code under MMC Chapter 16.16,all other applicable state statutes and City Codes,and each and every condition set forth herein.Violation of any of the aforementioned statutes, codes or conditions of this decision may result in revocation of the variance or enforcement action being brought by the city. RESOLUTION - 2 /msvl/grimes.res ,, ,.----------------------------------------------, 5.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. ~PASSED by the City Council and APPROVED by the Mayor thisf~~day of February,1993. CITY OF MARYSVILLE By {L;uJ~ MAYOR ATTEST: B~'''''"'''i'TY CLORl< Approved as to form: By~t:IA/J CITY ATTORNEY RESOLUTION - 3 /msvl/grimes.res Filed for Reco~d ~t Request of: CITY OF MARYSVILLE 514 D2LTA MARYSVILLE,WA 98270 DISCLOSURE OF CONDITIONS AND COVENANTS PROPERTY OWNERS:The undersigned,DIANE GRIMES,represents and warrants to the CITY OF MARYSVILLE that she is the owner of the subject property as her separate estate. SUBJECT PROPERTY:The property to which ~his disclosure and covenant applies is situated in the city of Marysville,Snohvmish County,Washington,and legall~described as follows: See Attacnment A CITY ACTION:The City of Marysville has,on the 8th day of February,1993,issued to the property owner of the sUbject property a variance from the city's Home Occupation Code (MMC 19.08.215)to allow for an increase in the maximum allowable square footage to be used as a home occupation and to allow for the conduct of retail sales on the premises. CITY CONDITIONS/OWNER COVENANTS:As a condition precedent to the city granting the above-described action,the property owner,their heirs and assigns,acknowledge,agree and covenant that the following terms,covenants and conditions shall apply to the sUbject property: 1.The property owner understands and agrees that the variance to the Home Occupation Code shall apply only to the use of the premises by Diane and Larry Grimes in connection with their us~of t~~·~r2miEeE a3 c t~~l~o~~i~~~~p~i:~~cp.?~g variance granted pursuant to city Re301utio~No.1CCC zhal~a~ply solely to Diane and Larry Grimes's ownership and operation of said business,and shall be personal only and shall not run with the land. 2.The variance to the Home Occupation Code shall automatically be withdrawn and be null and void upon any transfer of ownership in the subject property or the business,except a transfer in ownership from Diane Grimes to Larry Grimes or from .,Larry Grimes to Diane Grimes. DISCLOSURE OF CONDITIONS AND COVENANTS - 1 /msvl/grimes.disc -- ·-. 3.The property owner agrees to comply with all conditions and requirements set forth in Marysville Resolution No.1608,the terms of which are incorporated herein by this reference. .07'"""DATED t.hf.s .x"'"--day of February,1993. DIANE ~IMES STATE OF WASHINGTON) ss. COUNTY OF SNOHOMISH) I hereby certify that I know or have sa~isfactory evidence that DIANE GRIMES signed this instrument and acknowledged it to be her free and voluntary act for the uses and purposes therein mentioned. fADATEDthis22 day of February,1993. k;1;;~;/Z;J'~(~No~mrr;fC'-iIl-and fo'i"Xhe Sta.of Washingteri,residing at U·,..•.". My commiss'n expa.r'es "';'L.<-L.",~L:'!P Approved as to form: By~)c0-J~ GRANT K.WEED,city Attorney Attest: CITY CLERK Approved: By (2ct(l Me rI{d DAVID WEISER,Mayor DISCLOSURE OF CONDITIONS AND COVENANTS - 2 Imsvl/grimes.disc ..----------------------------------. •.0 DISCLOSURE OF CONDITIONS AND COVENANTS /msvl/grimes.disc MARYSVILLE RESOLUTION NO.1608 Attachment A Lot 8,Block 1,PLAT OF HARRINGTON 2ND ADDITION TO MARYSVILLE, according to the plat thereof recorded in Volume 12 of Plats, page 29,records of Snohomish County,Washington. Situate in the County of Snohomish,State of Washington.