JUNE 20, 1984 - Laserfiche WebLink

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FINDINGS OF FACT OF THE MOORESVILLE BOARD OF ZONING APPEALS Re: Richard V. Pease and Alma J. Peaae, 78 Sweetwood Drive. This ~s a petition for a variance from the development standards in particular requesting a variance from the rear set-back from 40 feet to 5 feet and the side set-back from 12 feet to 5 feet. The Mooresvil!e Board of Zoning Appeals, having heard evidence on the above captioned petition now makes the following findings of fact pursuant to I.C. 36-7-4-918.4: ]. That there are ~xceptiona! and extraordinary circ~nnstances or conditions applicable to the property of the petitioners And to the i~tended use that does not apply generally to other property or class of use in the same vicinity and in the district in ~ich it is located. That the approval of the petition will not be Jnj~rious to the public health, safety, moral~ and general welfare of the community. In particular the proposed use of constructing a garage with a set-back in the rear of 5 feet and the side of 5 feet is similiar to other structures in the area due to lot size. That the cmnstruction of said garage should nct affect the public health, safety, ~orals and general welfare of the community or the specific neighborhood. 2. That the variance ia necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and district if such variance was not granted. That the u~e of the property and the resulting property values of adjacent areas should not he affected in any adverse manner due to the location of similiar construction on surrounding property with similiar set-back standards. 3. That the granting of such variance will not be materially detrimental to the public welafre or injurious to the property or improvements in the vicinity or district in which the subject property is located. The strict application of the te~ms of the zoning ordinance will result in practical difficulties in the use of the property in question due to the lot sizes in th~s area and past construction and set-backs applied. Warren Frain~i~ Wse~r et ary Steve Oschman, Chairman Dated: