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?INDING$ O? ~ACT <br /> <br /> Frank Lowry having filed a Request for a Variance from the <br />development standards on setbacks from 500 feet to 100 feet on I-3 <br />industrial ground. The Mooresville Board of Zoning Appeals having <br />heard the evidence of the Petitioner and Remonstrators and having <br />reviewed all of the testimony and evidence, now makes the <br />following findings of fact as to a variance from the development <br />standards of the Civil Town of Mooresville Zoning Ordinance: <br /> <br /> 1. That the approval would not be injurious to the public <br />health, safety, morals and general welfare of the community in <br />that there is a fifty foot right-of-way easement between the <br />adjoining ground, <br /> <br /> 2. That the purpose for the variance is based upon a water <br />pretreatment use that brings this property in as an I-3 zoning, <br />said waste water pretreatment not being required, however, if said <br />use is not granted the current use in an adjoining building which <br />is closer to the property lines will continue and this will help <br />alleviate any potential injury to the adjoining property owners. <br /> <br /> 3. That the use and value of the area adjacent to the <br />property included in the variance will not be affected in any <br />substantially adverse manner by the granting of this variance in <br />that the granting of the variance should result in the plant which <br />currently houses this operation being moved further away from the <br />property line. <br /> <br /> 4. That the strict application of the terms of the Zoning <br />Ordinance would result in practical difficulties in the use of the <br />property altering the location of the road proposed through the <br />ground and penalizing a plant operator for using a pretreatment <br />which was not required. <br /> <br />MOORESVILLE BOARD OF ZONING APPEALS <br /> <br />~5~esident <br /> <br />~cretary / ~ ~ <br /> <br /> <br />