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JUNE 16, 1999
Town-of-Mooresville
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JUNE 16, 1999
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1999-06-16
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MOORESV1LLE BOARD OF ZONING APPEALS <br /> FINDINGS OF FACT <br />FOR VARIANCE FROM DEVELOPMENT STANDARDS <br /> <br /> Pursuant to IC 36-7-4-918.5 the Mooresville Board of Zoning Appeals having heard <br />the variance filed by Jim and Geraldine Henry, requesting a variance for front building line <br />set back from 50' to 40' on Lots 9 and 10 of Arcadia Estates, Section II and a variance to <br />build over the lot line between Lots 9 and 10; the Board now makes the following Finding of <br />Fact pursuant to IC 36-7-4-918.5: <br /> <br /> 1. The approval will not be injurious to the public health, safety, morals, and general <br />welfare of the community for the following reasons: the construction on these two lots will <br />allow better use of the land and be more compatible with the health, safety, morals and <br />general welfare of the community due to the terrain. <br /> <br /> 2. The use and value of the area adjacent to the property included in the variance <br />will not be affected in a substantially adverse manner; for the reasons that: the variance <br />would allow for a better use and protect the value of the adjacent properties. <br /> <br /> 3. The strict application of the terms of the Zoning Ordinance will result in practical <br />difficulties in the use of the property. However, the Zoning Ordinance may establish a <br />stricter standard than the "practical difficulties" standard prescribed by this subdivision. The <br />actual practical difficulties found to exist here are as follows: the practical difficulties with <br />this ground and terrain require the granting of a variance and the building over the lot lines. <br /> <br />Stipulations to run with variance <br /> <br />As a stipulation to this variance there shall be only one dwelling constructed on the combined <br />Lots 9 and 10 of Arcadia Estates, Section II. <br /> APPROVED ?_?t~f~ A~ ~ <br /> <br />Vern Kimmel <br /> <br />~I~. nt Pl~nkett <br />Donald Barry <br /> <br /> <br />
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