Loading...
HomeMy WebLinkAboutR-1813 - Approving in part and denying in part without prejudice a variance from MMC 19.20.070© relating to residential use of substantial lots for property ow..~.I CITY OF MARYSVILLE Marysville,Washington RESOLUTION NO.I ~15 A RESOLUTION OF THE CITY OF MARYSVILLE APPROVING IN PART AND DENYING IN PART WITHOUT PREJUDICE A VARIANCE FROM MMC 19.20.070(cl RELATING TO RESIDENTIAL USE OF SUBSTANDARD LOTS FOR PROPERTYOWNED BY JOE AND SANDRA REED AND ERIC OLSON. WHEREAS,the applicant requested approval of a variance from MMC 19.20.070{c)relating to the residential use of substandard lots;and WHEREAS,a public hearing was held on May 9,1996 before the Marysville Hearing Examiner,and the Hearing Examiner recommended approval of the variance with conditions;and WHEREAS,an appeal to the Hearing Examiner's decision was filed on May 29,1996;and WHEREAS,on June 24,1996 the Marysville City Council held a public hearing to consider the appeal;and WHEREAS,a separate application for a street vacation and the hearing thereof was combined with the hearing relating to the substandard lot variance due to the fact that the street vacation and the substandard lot variance had issues in common;and WHEREAS,at said combined public hearings held on June 24, 1996,having heard no objections to the subject public hearings being combined,the Marysville City Council hereby makes the following findings relating to the substandard lot variance: 1.With respect to the variance request for Lot 19,there are no access issues which create conflict with the proposed street vacation. 2.With respect to Lot 19,the City Council agrees with all findings,conclusions and the recommendation of the Hearing Examiner,and as such the variance with respect to Lot 19 only should be granted subject to all conditions recommended by the Hearing Examiner. 3.With respect to the variance application for Lot 19, the City Council hereby adopts as the record the entire record of the Hearing Examiner and the record before the City Council made on June 24,1996. 4.The City Council hereby finds that the grant of a substandard lot variance for Lot 16 would not comply with the variance criteria of MMC 19.44.040 in that said lot,or a portion thereof,provides the only current means of access to other lots RESOLUTION - 1 /rrrv/reed.rea J -., adjacent thereto and would essentially landlock such lots. vacation of the unopened portion of 76th Place N.E.would landlock Lots 7,8 and 9 also owned by the applicant if the substandard lot variance is granted for Lot 16.The granting of such variance would therefore 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. 5.A grant of the variance would be inconsistent with the vacation of the unopened right of way of 76th Place N.E.The Council hereby finds that the vacation of 76th Place N.E.as petitioned for serves a greater public need than the approval of the substandard lot variance for Lot 16. 6.The variance application should be denied without prejudice as there may be other potential means of access to Lots 7,8 and 9.If the applicant can demonstrate or provide an approved alternative access to Lots 7,8 and 9,he may request reconsideration of the denial of this variance within one (1) year from the date of this resolution. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MARYSVILLE,WASHINGTON AS FOLLOWS: Based upon the above findings,the applicant's request for a substandard lot variance with respect to Lots 19 is hereby approved subject to the applicant complying with each and every condition as recommended by the Hearing Examiner. The application for a substandard lot variance to Lot 16 is hereby denied without prejudice for a period of one (1)year. This decision shall be final and conclusive with the right of appeal by any aggrieved party to the Superior Court of Snohomish County by filing a Land Use Petition pursuant to the Land Use Petition Act within twenty-one (21)days after the passage of this resolution. PASSED by the City Council and APPROVED by the Mayor this ?-:J..-day of July,1996. AryF~By 9<~~~CITY CLERK Approved as to form: By /J A<ntVL /(.U.2CJP() /'CITY ATTORNEY RESOLUTION - 2 /rnv/reed.res CITY By OF MARYSVILLE aM~,1ULJ-M.4,---