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. BOARD OF ZONING APPEALS MINUTES MAY 13, 2010 The Town of Mooresville Board of Zoning Appeals.met on May 13, 2010 at the Mooresville Government Center at 4 E. Harrison Street. Members present Chairman Neal Allman, Ann Whaley and Mike Young, absent Richard Prather and Alan Kramer. Town Attorney Tim Currens was also present. The meeting was called to order was called to order at G: p.m. at which time Chairman Allman asked any discussion on the minutes from the April S, 2010 meeting there were no changes, a motion was made by Mike Young and seconded by Ann Whaley to accept the minutes as written, the vote was 3-0 with none opposed. The first item on the agenda was Tod and Betting Mercer of 15 Eastview Drive asking for a variance to build a garage closer to the street than the house on the property. Mr. Mercer explained that the property is all on a hill and that this side to put the garage on would take less fill which will still take about 3feet of fill. The board went over the location and maps. Chairman Allman ask if there was any chance that the street in question (Trinity Way) would ever go through, Mr. Mercer said that a house would need to be removed as well a bridge would need to be built. Mr. Currens also agreed that the street expanding was not a probability. Chairman Allman asked if the garage would face the drive, Mr. Mercer said yes it will face the drive. At this time The Chairman asked for questions from the audience or the board, with no further question Chairman Allman read the Fact of Findings and no further questions a motion was made by Mike Young seconded by Ann Whaley the vote was 3-0 with none opposed in favor of the variance. The next item on the agenda was a Special Exception for use at 359 E. Main Street, it is now zoned B-3 which does not allow auto repair. At this time Mr. Currens explained that this petition must be heard by the Planning Commission first, then come back to the Board of Zoning Appeals; but since the notices had been sent this Board would hear the petition and then it would heard by the Planning Commission on May 27, 2010. Brent Kern of Indy Lube introduced himself and explained that this is an extension of the Indy Lube. Mr. Kern said that several of his customers had asked or them to do work that they just don't have room for on High Street. Mr. Kern said that his shop will not be a junk yard, there will not be more than 5 vehicles sitting outside in addition to employees vehicles. He also said that there will be No abandoned or junk cars at any time. Ann Whaley asked of Mr. Currens if the owner of the property owner would need to be the Petitioner, Mr. Currens answered that the property owner would need to consent to and be a party of the petition. It was established the owner is Richard Prescott the owner with a contract to sell to Ballard Enterprises. Ann Whaley asked what part of building would be used; his answer was the front of the building. Mrs. Whaley also asked if the building had a sprinkling system, the answer was no, it did not. They will not have gas; they will be doing exhaust and brakes which will not