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board members agreed that with the size of the lot being over 3~ acres, <br />utilities being provided and run the proposed residential use that this should <br />not have any adverse affect on the surrounding area. <br /> <br /> 3. That the strict application of the terms of the zoning ordinance <br />would result in practical difficulties in the use of the property. In <br />particular the board found that since there would not be any public utilities <br />outside of those being run to this location and no actual drive that the <br />need for full compliance with the Subdivision Control Ordinance would be <br />inappropriate. It was also noted that this tract was a part of the family <br />farm owned by one of the petitioner's father which limited the use of the <br />ground for any other purpose. A motion was then made by Vern Kimmel to <br />grant the variance, this was seconded by Don Barry and unanimously carried. <br /> <br /> The next item to come before the board was the petition of Frank and <br /> <br />Mary Lowery at 439 Conduit Drive. The Lowerys were requesting a variance from <br />the rear and side setbacks on a .06 acre tract and lot #20 of Marleywood <br />Estates first section. The Lowerys were represented by Philip R. Smith who <br />advised that the petitioners were out of state and had originally intended <br />to do this last month but the petition was not filed in time. The registered <br />letters were found to be in order and the attorney for the Lowerys advised <br />that the newspaper notice would be provided and that publication had been <br />met. The board's attorney advised that the case should proceed subject to <br />this being presented before any final approval is granted. Phil Smith <br />advised that the property in question was a corner lot with Conduit Drive <br />running on the north side and dead ending into the right of way for state <br />road 67. The .06 acre tra~t was on the back of the property and had been <br />an Indiana Bell utility strip and building which was now abandoned and <br />purchased by the petitioners. The proposed use was to expand this building <br /> <br />-2- <br /> <br /> <br />