HomeMy WebLinkAboutR-1672 - Reversing the decision of the hearing examiner and denying a rezone and variance for property owned by David Thorpe/Pearl McDaniel\-.\
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CITY OF MARYSVILLE
Marysville,Washington
RESOLUTION NO.1"7~
A RESOLUTION OF THE CITYOF MARYSVILLE REVERSING THE DECISION OF
THE HEARING EXAMINER AND DENYING A REZONE AND VARIANCE FOR
PROPERTY OWNED BYDAVID THORPE/PEARL McDANIEL.
WHEREAS,David Thorpe/Pear McDaniel own a parcel located at
the southeast corner of 74th Place N.E.and 49th Drive N.E.in
the City of Marysville,said property being legally described in
Exhibit A attached hereto;and
WHEREAS,David Thorpe applied to the City for a rezone from
RS-7200 to RMM and a variance to Section 19.36.120 of the
Marysville Municipal Code relating to parking space requirements
under File No.PA 93 09027;and
WHEREAS,the City Hearing Examiner held a public hearing on
said rezone and variance on January 27,1994 and adopted Findings
of Fact,Conclusions,and a Recommendation approving the rezone
and variance subject to conditions;and
WHEREAS,the Marysville City Council held a public hearing
on said rezone on April 4,1994 and received additional testimony
from staff,the applicant,including applicant's representative,
and the general public,and as a result thereof,the Marysville
City Council hereby adopts the following Findings of Fact:
1.The applicant is proposing to construct one fourplex
and one triplex on the property with the potential of
constructing an additional duplex on the parcel which presently
contains an existing structure.
2.While an existing multiple-family project is located to
the west of the project site,the remainder of the surrounding
neighborhood is clearly single-family residential in nature.
3.While the City'S 1978 Comprehensive Plan designates the
area as Medium Density Multiple Family Residential,such a
designation is not consistent with the nature of the neighborhood
and,while it is recognized that the City'S draft Interim
Comprehensive Plan has not been adopted,the proposed residential
designation is pertinent in terms of the City's long-range plans
for said area.
4.The proposed density for the applicant's project which
would allow for nearly the maximum density of 18 dwelling units
per acre is out of character with the surrounding neighborhood
and would likely create impacts to the surrounding neighborhood
which could not be mitigated.
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5.The proposed small size of the dwelling units are not
compatible with the general nature of the neighborhood.
6.The applicant has applied for a variance from the
City's parking space requirements under MMC 19.36.120.The City
Council finds that the granting of such variance would be
materially detrimental to the public welfare or injurious to the
property or improvements in the vicinity in light of the size of
the adjacent street,the potential impacts to safety of
pedestrians and the residential nature of this neighborhood.
"Stacked parking"may result in more cars being parked on the
street and/or greater movements in and out of the proposed
driveways to the various units,impacting the adjacent
residential dwellings.
7.The applicant has not shown that there are special
circumstances relating to the size,shape,topography or location
of the subject property which satisfy the variance criteria.
8.As stacked parking has not been allowed in other areas
within the vicinity of the proposed project,the variance would
constitute a grant of a special privilege which is inconsistent
with the limitations upon uses of other properties in the
vicinity.
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 rezone
and variance application are hereby rejected and the above-
referenced Findings are hereby adopted.
2.The applicant's request for a rezone from RS-7200 to
Medium Density Multi-Family Residential is hereby denied.The
applicant's request for a variance pursuant to MMC 19.36.120 is
hereby denied.
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.
II
PASSED by the City Council and APPROVED by the Mayor this
day of April,1994.
CITY iJMARYSVILLE
By .~q;~
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ATTEST:
B~'~CITY CLERK
Approved as to form:
By~I<.~
CITY ATTORNEY
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EXHIBIT A
Legal description of property:Auburys 1st Addition to Marysville,
Block 7,Lot 9 less east 20 feet and all of lots·l0,11 I and 13.14,15
together with portion of vacated alley.
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