SEPT. 19, 1984 - Laserfiche WebLink

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FINDINGS OF FACT OF THE MOORESVILLE BOARD OF ZONING_APPEAL~ Petition for Special Exception of Harry F. Tidler and Delores A. Tidler and Robert Burden and Geraldine A. Burden, requesting a Special Exception (a) to remove top soil, (b) to remove sand and gravel, and (c) after there- moral of the top soil and mineral deposits, to complete construction and operate a business enterprise of a recreational lake. This matter came before the Mooresville Board of Zoning Appeals on the 17th of October, 1984, at the regular scheduled meeting. Prior to this meeting, two evidentiary public hearings had been held with deliberations being set for the regular scheduled meeting in October. The petition requested a special exception pursuant to Chapter 5 of the Mooresville Zoning Ordinance to allow the removal of top soil in the Overburden for fill, secondly for mineral extraction being sand ar gravel, and lastly, for an outdoor commercial recreational enterprise. The Mooresville Board of Zoning Appeals, having heard evidence on the above captioned petition, now makes the following findings of fact, pursuant to the Mooresville Zoning Ordinance under Chapter 5/Special Exception Procedures, as follo~ Item I - The establishment, maintenance, or operation of the Special Exceptio~ will not be detrimental to or endanger the public health, safety, morals, or general welfare; Item 2 - The Special Exception will not be injurious to the use and enjoyment of other properties in the immediate vicinity for the purposes already permitted; The Board found that the proposed use would affect the use and enjoyment of the Gaddis property and the surrounding Willwood properties, due to noise and dust polu- tion which it would create. In addition, it found that the property values of the Gaddis property and Willwood Manor properties would be affected by this operation in an adverse manner interfering with the use of said properties. Item 3 - The establishment of the Special Exception will not impede or sub- Stantially alter the normal or orderly development and improvement of surrounding property for uses Permitted in the district; The Board found that the proposed use would not adversely affect the surrounding development in that the undeveloped area was already Zoned I - Industrial or in the flood plain. Item 4 - Adequate Utilities, Access Road, Drainage, and other necessary facilitie have been or are being provided; The Board found that the Current access roads were met and that actual roads from the property up to the access areas would not be developed until the Special Exception had been granted.