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MAY 21, 1997 (2)
Town-of-Mooresville
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MAY 21, 1997 (2)
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DATE
1997-05-21
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MOORESVILLE BOARD OF ZONING APPEALS <br />FINDINGS OF FACT <br /> FOR VARIANCE OF USE <br /> <br /> Pursuant to IC 36-7-4-918.4 the Mooresville Board of Zoning Appeals having heard the <br />variance filed by Danny J. Kart and Shirley M. Kart, requesting the following variance from <br />use for construction and operation of a mini warehouse on agricultural ground now makes the <br />following Finding of Fact pursuant to IC 36-7-4-918.4: <br /> <br /> 1. The approval will be injurious to the public health, safety, morals, and general <br />welfare of the community for the following reasons: by the Police Reports filed as an Exhibit <br />in the case the amount of crime in the area would likely increase and the traffic in the area <br />would increase. <br /> <br /> 2. The use and value of the area adjacent to the property included in the variance will <br />be affected in a substantially adverse manner; for the reasons that: property would be devalued <br />based upon the real estate appraisals submitted by Century 21, Diana Grindean and Coldwell <br />Banker, Jerome Witte by the introduction of this type of use in an agricultural/residential area. <br />Based upon these appraisals and the statements of certain remonstrators the Board feels that the <br />areas adjacent to this use would suffer losses to their properly values. <br /> <br /> 3. The need for the variance arises from some condition pecuYmr to the property <br />involved, namely: the farming uses and other agricultural uses are limited by the condition of <br />the soil. <br /> <br /> 4. The strict application of the terms of the Zoning Ordinance will constitute an <br />unnecessary hardship if applied to the property for which the variance is sought; namely: the <br />limitation on agricultural uses. <br /> <br /> 5. The approval does interfere substantially with the Comprehensive Plan adopted under <br />the 500 series of this Chapter, because this type of storage use is listed as an industrial use and <br />the buffering requirements and location of industrial uses are not consistent with the uses <br />currently existing in the area and the proposed land uses under the Comprehensive Plan. <br /> <br />Vern Kimmel <br /> <br />Brept Plunkett <br /> <br /> <br />
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