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OCT. 17, 1984
Town-of-Mooresville
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OCT. 17, 1984
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1984-10-17
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FINDINGS OF FACT OF THE MORESVILLE BOARD OF ZONING APPEALS <br /> <br />RE: Dorothy E. Brown and David B. Brown <br /> 130 East Carlisle Street, Mooresville, Indiana <br /> <br /> This matter came before the Mooresville Board of Zoning Appeals on <br />September 19, 1984, at the regularly scheduled meeting date and time. The <br />petition requested a variance from the development standards at the property <br />located at 130 East Carlisle Street, Mooresville, Indiana, requesting a <br />variance from the side yard setback of 12 feet and the 40 foot rear setback <br />line to allow a 20 foot rear setback and 5 foot setback on the west side of <br />said property. <br /> <br /> The Mooresville Board of Zoning Appeals, having heard evidence on the <br />above captioned petition, now makes the following findings of fact pursuant <br />to Indiana Code 36-7-4-918.5: <br /> <br /> 1. That the approval of this variance from the development standards <br /> <br />will not be injurious to the public health, safety, morals or general welfare <br />of the community. In particular the Board finds that the proposed construction <br />is notinconsistent with other standards within the neighborhood and general <br />community and should have no affect on the public health, safety, morals or <br />general welfare of the community. <br /> <br /> 2. The use and value of the area adjacent to the property included in the <br />variance will not be affected in a substantially adverse manner. In particular, <br />the neighborhood and community is composed of homes with similar side and rear <br />setback standards and the proposed construction should not affect the value of <br />any of the homes surrounding the property in question as this is a common <br />standard within that neighborhood. <br /> <br /> 3. The strict application of the terms of the zoning ordinance will result <br />in practical difficulties in the use of the property. In particular, most of the <br />homes in the community have similar setbacks and the strict application of the <br />terms of the zoning ordinance would prohibit any construction on these properties <br />which would likewise have the effect of increasing property values on the property <br />in question and adjoining properties. That to restrict such construction would <br />result in practical difficulties to the use of said property and development of <br />said property. <br /> <br />Warren Franklin, Secretary <br /> <br />S6eve Oschman, Chairman <br /> <br /> <br />
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