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Case No. v 89-01 February 27th , 1989 CASE NO. V 89-01 REQUEST: VARIANCE BY: FRANK FOLGER 55S INDIAN CREEK DR. LOT 1420 SECTION 11 FINDINGS AND CONCLUSION The Zoning Board of Adjustments met for a Public Hearing on Friday, February 17th , 1989 at 7:00 P. M. Having heard the applicant and interested parties presentations the Zoning Board of Adjustments makes these findings and conclusion on a variance request to the Comprehensive Zoning Ordinance: FINDINGS 1 . Based on testimony presented , the Board finds an error had been made in adopting the Comprehensive Zoning Ordinance. On all pre-existing occupied lots the Deed Restrictions should apply. 2. Based on testimony presented , the Board anticipates the Comprehensive Zoning Ordinance is to be amended to have the same setback requirements as the Deed Restrictions. 3. Adjacent and near vicinity property owners have no objections to the proposed building addition. CONCLUSION The application for variance is hereby approved to allow the homeowner to build within the twenty-five (25) foot setback requirement set forth in the Comprehensive Zoning Ordinance and to comply with the Deed Restriction set back requirements. Motion to approve the variance was made by Member Luellen and seconded by Member Gilliland . The motion was then approved unanimously. , The Board Members sitting on the matter were as follows: Gene Hill Chairman John Arnott Co-Chairman Rick Gilliland Member Julia Luellen Member Diane Prator Alt . Member - - hairman, Gene Hill