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LAW OFFICES OF Harris & Currens PROFESSIONAL CORPORATION n L. Harris 9 West Main Street Phone: (317) 831-4466 ,ia @harziyandCUx'rFns,c:om Mooresville, IN 46158 Fax: (317) 831-4709 Timothy C. Currens tcurrens @harrisandcurrens.com Rodric D. Bray rbray @harrisandcurrens.com March 14, 2002 Holloway & Associates P.O. Box 234 Mooresville, IN 46158 RE: Application of William J. Ward, Jr. Before the Mooresville Board of Zoning Appeals To Whom It May Concern, I had contacted your office this morning concernin g tonight' s Board of Zoning Appeals Application for Special Exception to allow automobile sales and related uses in a B--3 zoning classification. The Town' s Zoning Ordinance under Chapter 5 provides for Special Exception Procedures and specifically under Paragraph B that upon the receipt of the Application for Special Exception the Board of Zoning Appeals shall refer the Application to the Plan Commission for investigation as to the manner in which the proposed location and character of the Special Exception will affect the Master Land Use Plan. The Plan Commission shall report the results of its study to the Board of Zoning Appeals within ninety ( 90) days following the receipt of the Application and at that time the Board of Zoning Appeals shall then proceed with the public hearing. For that reason the public hearing scheduled for this evening cannot be heard since the Plan Commission has not met or even had an opportunity to review the Special Exception request . It would be my recommendation to the Board of Zoning Appeals that they table this public hearing until the next meeting with no notices going out, however, the Plan Commission could take an additional period of time to review the Special Exception if they so desire.