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The next matter to come before the Board was a petition for a variance filed <br />by William L. Cox and Linda L. Cox under Cause No. 4-1984. Mr. Cox was present <br />in person and by counsel, Sam Korn. Attorney Currens advised the Board that there <br />had been some mix-up on the actual notice provisions and the publication was in <br />order with all of the surrounding property owners being given notice by certified <br />letter with the exception of those directly across the street. He advised the <br />Board that this matter would be heard this evening provided that an affidavit <br />granting permission was provided for all property owners given due notice, in the <br />alternative this matter would be reheard again at the April meeting after proper <br />notice. <br /> <br /> Mr. Korn then proceeded to advise the Board the request was based upon a need <br /> for a variance on the side and rear set backs. Our ordinance standards require a <br /> 12 foot side and 40 foot back line set back for the garage and Mr. Cox was <br /> requesting a 7 foot side set back and a 17 foot rear set back. There was a <br /> discussion of this matter by the Board and Chairman Oschman then opened up the <br /> meeting to a motion. Wendell Thaler moved that the variance be granted as submitted <br /> after the following findings: <br /> <br /> 1. That the approval of the variance will not be injurious to the <br /> <br /> public health, safety, morals, and general welfare of the community. <br /> <br /> 2. The use and value of the area adjacent to the property included in <br /> <br /> the variance will not be effected in a substantially adverse manner. <br /> <br /> 3. That strict application of the terms of the zoning ordinance would <br /> <br /> result in practical difficulties in the use of the property and for <br /> that reason the granting of the variance to allow a side set back of <br /> 7 foot and a rear met back of 17 foot should be granted. <br /> <br /> This was seconded by Tilford Bailey and the Board unanimously passed the same. <br /> <br /> The next item to come before the Baord was the special exception petition <br /> <br /> of Tidler and Burden which was upon motion duly made, seconded and unanimously <br /> <br /> <br />