Loading...
Ordinance 31530006.900000 WSS /gjz 07/08/97 ORDINANCE NO. 3153 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING THE PROVISIONS OF SECTION 17.40.030 NONCONFORMING LOTS (D)(5) RELATING TO THE USE OF LAWFULLY ESTABLISHED NONCONFORMING LOTS IN SNOHOMISH COUNTY ANNEXED TO THE CITY IN ORDER TO CORRECT A SCRIVENER'S ERROR, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. WHEREAS, by Ordinance No. 3024, the City Council created a window of opportunity in order that lots annexed to the City following a specific annexation would have a two year window of opportunity in order to file a completed building permit application, and WHEREAS, the City Council believed that the annexation in question was effective on or about January 1, 1960 and therefore utilized that date in the amendment of Section 17.40.030 of the Edmonds Community Development Code, and WHEREAS, the annexation effectuated by Ordinance No. 750 was in fact effective on December 16, 1958, and WHEREAS, certain lots made eligible for development by Ordinance No. 750 have been granted building permits and the City Council deems it to be in the best interests of the City and the fair and equitable treatment of its citizens to correct the scrivener's error contained in Ordinance No. 3024 in order to accept applications for properties annexed by Ordinance No. 750, which were submitted in good faith and fully complete on or before the deadline, NOW, THEREFORE, 166959 -1- THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Section 17.40.030 Nonconforming Lots, paragraph (D)(5) is hereby reenacted in order to recognize nonconforming lots created in Snohomish County, to read as follows: 17.40.030 Nonconforming Lots (D) (5) The owner of a lot which was lawfully created under the Snohomish County subdivision zoning laws and which was annexed to the City of Edmonds on or after December 16, 1958 may file a fully completed building permit application for a development lot in accordance with the provisions of the Chapter and develop the lot if a fully completed building application to develop said lot was filed with the City on or before the date established by Ordinance No. 3024. This paragraph (D)(5) shall sunset and be removed from the Code two years after the effective date of the passage of Ordinance No. 3024 and is intended to provide a window of opportunity for those persons whose property complies with the provisions of sub section (D) of this Section but who are barred due to the passage of time an equal opportunity to develop a lot in accordance with the provisions of the Code. Section 2. The code codifier is hereby instructed to remove ECDC Section 17.40.030(D)(5) from the City which has sunseted and expired. A copy of this ordinance shall be maintained with the City Clerk and the Planning Department. The Planning Department is authorized to accept and process fully competed building applications submitted in good faith in accordance with the provisions of Ordinance 3024 and within the time period provided for lots annexed after December 16, 1958. The purpose of this ordinance is to correct a scrivener's error relating to the effective date of the annexation effectuated by Ordinance No. 750 in order 166959 -2- to afford property owners who had otherwise fully complied with the purpose and intent of the ordinance an opportunity to enjoy the privileges granted thereunder. Section 3. Severability. If any section, sentence, clause or phrase of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitu- tionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this ordinance. Section 4. Effective Date. This ordinance, being an exercise of a power specifi- cally delegated to the City legislative body, is not subject to referendum, and shall take effect five (5) days after passage and publication of an approved summary thereof consisting of the title. APPROVED: MAYOR, ATTEST /AUTHENTICATED : CITY CLERK, SANDRA S. CHASE APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: FILED WITH THE CITY CLERK: 07/10/97 PASSED BY THE CITY COUNCIL: 07/22/97 PUBLISHED: 07/27/97 EFFECTIVE DATE: 08/01/97 ORDINANCE NO. 3153 166959 -3- SUMMARY OF ORDINANCE NO. 3153 of the City of Edmonds, Washington On the 22nd day of July , 199 7 , the City Council of the City of Edmonds, passed Ordinance No. 3153 A summary of the content of said ordinance, consisting of the title, provides as follows: AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING THE PROVISIONS OF SECTION 17.40.030 NONCONFORMING LOTS (D)(5) RELATING TO THE USE OF LAWFULLY ESTABLISHED NONCONFORMING LOTS IN SNOHOMISH COUNTY ANNEXED TO THE CITY IN ORDER TO CORRECT A SCRIVENER'S ERROR, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. The full text of this Ordinance will be mailed upon request. DATED this 23rd day of Jul y 199 7 CLERK, SANDRA S. CHASE STATE OF WASHINGTON, COUNTY OF SNOH02vISH, SUMMARY OF ORDINANCE'0.3153 of th@ CE N of � Edmonds, Washington On the 22nd Cday. of July, 1997, the City Council of the City. of Edmonds passed) .Ordinance- No. '315 §. -A sum- mary. of the content of said) - ordinance, consisting of thel title provides as follows: AN_- ORDINANCE_ OF- THE, ING LOTS IN SNOHOMISHI THE COUNTY ANNEXED CITY IN ORDER TOOCOR. RECT A SCRIVENER'S. ER-1 ROR; AtfD— FIXING— A -T.IME WHEN THE SAME SHALL BECOME EFFECTIVE. . The full text of, this Ordi- nanoe will be ,malted, ,upon request. DATED -this 23rd day of July, 1997. SANDRA S':.CHASE ' Cityy.Clerk Published: July 27, 1997.. I B_2 -1 Affidavit of Publication RECEIVED J U L 9 0 1997 EDMONDS CITY CLERK The undersigned, being first duly sworn on oath deposes and says that she is Principal Clerk of THE HERALD, a daily newspaper printed and published in the City of Everett, County of Snohomish, and State of Washington; that said newspaper is a newspaper of general circulation in said County and State; that said newspaper has been approved as a legal newspaper by order of the Superior Court of Snohomish County and that the notice ......... ............................... Summary of Ordinance No. 3153 ....................................................................................................... ............................... a printed copy of which is hereunto attached, was published in said newspaper proper and not in supplement form, in the regular and entire edition of said paper on the following days and times, namely: July 27, 1997 ....................................................................................................... ............................... ............................................ ............................... ............................ ........... ............... . .... and that said newspaper was regularly distributed to its subscribers during all of said period. ..............a.......:�.. ii /if ................ `..:._..._......_...... ... .... ..r................ Principal Clerk Subscribed and sworn to before me this .......... 28th ,f� t �r Jul day"o ......1 19 ..97 . . ........t. h ..... ...................... Noc in and for th State of Washington, resverett, Snoho ish C�unty. r0® E J. q\ 0Q ��SSt0 fxo A*% No•rAR;, � �'U � l.�G 2 s -�s•sa ,,G��� \ wASN`%