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BZA 1978
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BZA 1978
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10/13/2005 10:11:18 AM
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4/15/2003 9:39:55 PM
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MOORESVILLE BOARD OF ZONING APPEALS <br /> <br /> The Board of Zoning Appeals of the Civil Town of Moores- <br />ville met at a called meeting on Wednesday, August 23, 1978, at <br />7:30 p.m. The following Board members were present: Mr. Ray House, <br />Mr. Paul Walters, Mr. Steve Edwards, and Mrs. Nan Kollmeyer. The <br />attorney for the Board, Mr. David E. Lawson, was also present. <br /> <br /> Steve Edwards, as Chairman of the Commission, called the <br />meeting to order. In the absence of an appointed secretary, Mrs. <br />Nan Kollmeyer was selected to act as acting secretary for the <br />meeting. <br /> <br /> Mr. Edwards advised the Board that the meeting was called <br />to act upon Petition No. 2, 1978, filed by petitioners Carl J. <br />Walker and Ruth L. Walker, husband and wife, at 630 Maple Lane, <br />Mooresville, Indiana. The Petition as filed was reviewed by the <br />Board. The petitioners were represented by their attorney, Mr. <br />Tim Currens, of Mooresville, Indiana. <br /> <br /> Mr. Lawson, as attorney for the Board, advised that as <br />the return receipts for notice to adjoining property owners were <br />not filed at the time of the hearing that in the event the Board <br />would act favorably upon the Petition that it would have to be <br />conditional upon petitioners' counsel presenting to the Board <br />the return receipts that were sent to the adjoining property <br />owners in accordance with the Affidavit filed in the proceedings. <br /> <br /> Mr. Currens presented evidence on the Petition for his <br />clients, asking that the variance be permitted for use of the <br />property as a ceramic hobby shop, basically wherein Mrs. Ruth <br />Walker would be holding classes for six people or less in regards <br />to ceramic finishing. <br /> <br /> There were no other persons appearing in favor of the <br />petition. <br /> <br /> Several remonstrators appeared in opposition to the <br />Petition. A written Petition in opposition to the variance was <br />also presented to the Board by remonstrator, Mr. James Thompson, <br />71 Sunset Manor, Mooresville, Indiana. Covenants of the sub- <br />division were also presented to the Board by Mr. Thompson wherein <br />it was his position that the granting of this variance would be <br />in violation of the covenants of the subdivision. <br /> <br /> Mr. Lawson, as attorney for the Board, advised the Board <br />and those persons present that any action by the Board of Zoning <br />Appeals in acting upon the Petition would have no legal effect <br />upon valid covenants in the subdivision. The following property <br />owners also voiced their objections to the granting of the <br />variance, the same being: <br /> <br /> <br />
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