JUNE 20, 1984 - Laserfiche WebLink

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FINDINGS OF FACT OF THE MOORESVILLE BOAF~ OF ZONING APPEALS Re: Variance Application of Richard Martin requesting variance from the development standards as to the rear set-back standard from 40 feet to 26 feet to construct a garage. This is a petition for a variance from the development standards requesting a variance from the rear set-back from 40 feet to 26 feet to construct a garage. The Mooresvi!le 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: 1. That there are exceptional and extraordinary circumstamces or conditions applicable to the property of the petitioners and to the intended use that does not apply generally to other property or class of use in the same vicinity and in the district in which it i~ located. In particular, that the approval of the petition will not be injurious to the public health, safety, morals and genera] welfare of the cormm~nity. ~pecifJcally the set-back var%anco requested is in line with simil~ar ~et-backs Tn the ares and should Jn no way change the gemera] character of the neighborhood nor affect the public health, safety, morals of adjoining property owners~ 2. That the variance is necessary for the preservation and enjoyment of a s,bstantia! property right possessed by other property in the same vicinity and district if such variance was not granted. The use of the area adjacent to the property should not be affected in any adverse manner as this garage wil.1 be similiar to locations of other garages in the area and should in no way affect the character of the neighborhood. 3. That the granting of such variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity or district in which the subject property is located. The strict application of the terms of the zoning ordinance will result in practical difficulties ~n the use of the property Jn that the lots in this area of Mooresvi!.le are sot large enough to comply with all rear and side set-backs and h~ve any type of substantisl construction located mn the premises. Steve Oschman, Chairman ~.ar~ en ~ran~l~i.{,- ~ ~c~etary Dated: