AUGUST 8, 2002 - Laserfiche WebLink

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BOARD OF ZONING APPEALS MINUTES THURSDAY, AUGUST 8, 2002 The Mooresville Zoning Appeals met in regular session on Thursday, August 8, 2002, at 7:00 P. M. at the Mooresville Town Hall. Members present were: Chairman Alan Kramer, Chris Crouch, Jon Swisher, Don Barry, and Mike Young. No members were absent. Town attorney Tim Currens was present. Motion was made by Don Barry, second by Chris Crouch to approve the minutes of July 11, 2002 meeting. Motion carried 5-0. First on the agenda, Ross Holloway with Holloway & Assoc. presented Wayne Pace's request for a variance to a B-2 for mini warehouses. This had been sent back to the BZA from the Plan Commission with an 8-0 vote that this was not adverse to the comprehensive plan. Mike Young asked what material would be used in construction. Mr. Pace said he hadn't gone into that yet but he was open. Pam Bush addressed the Board saying she was the only house this easement drive went back to and an easement goes on back to the Oschman property behind her house. Mr. Oschman has a rental house on this property and had said at one time he might put a driveway on thru to his rental house. Mrs. Bush said she was concerned about property values and safety of her children riding their bikes on the road. Mike Young asked if the warehouses were going to be fenced. Mr. Pace said maybe about three-fourths. He wanted to make a profit. He told the board he had made the apartments look nice and they were quiet and peaceful. Mike Young asked about lighting, that there shouldn't be any lights shining out on adjacent property and he thought there needed to be a gate with fencing. Alan Kramer said there would need to be a maintenance agreement on the road back to Bush's house. Jon Swisher asked if there were restrictions for use hours. Alan Kramer said one of the points was safety, the warehouses had to be fenced. He said he had a hard time granting this. Mr. Holloway talked to Mr. Pace and told the board he would agree to fencing all of it and establishing use hours from 7AM to 10 PM. Chris Crouch asked if Mr. Pace would be willing to put up a Private Drive sign immediately after the entrance to the warehouses so people would not go back to the Bush's house and garage. Don Barry said he thought it could affect the general welfare of the apartments and the Bushes. The Board chairman read the Findings. Don Barry said Findings 1 and 2 would be affected; general welfare and safety. Finding #3 would be affected in that this could impede the development of existing structures. Finding #4 the access road is a problem. Findings 5 & 6 were not commented on. Motion was made by Chris Crouch to approve the special exception subject to Mr. Pace being responsible for maintenance of the business part of the road, fenced area, gated, hours to operate 7 AM to 10 PM, a private drive sign to be installed immediately after opening entrance to the warehouses back to the Bush property, and soft lighting installed. No second was forthcoming-motion died. Motion was made by Don Barry, second by Mike Young to deny request on findings of fact that this would affect general welfare to the apartments and to Bush property and would cause injurious