Board of Adjustment - Feburary 28, 2017 Minutes
Regular Meeting: Tuesday: February 28, 2017
The Regular Meeting of the Board of Adjustment of the City of Fargo, North Dakota, was held in the City Commission Room at City Hall at 9:00 o’clock a.m., Tuesday, February 28, 2017.
The Members present or absent were as follows:
Present: Deb Wendel-Daub, Matthew Boreen, Russell Ford-Dunker, Mark Lundberg, Mike Mitchell
Also Present: Erik Johnson
Absent: Michael Love
Chair Wendel-Daub called the meeting to order.
Item 1: Approve Order of Agenda
Member Ford-Dunker moved the Order of Agenda be approved as presented. Second by Member Lundberg. All Members present voted aye and the motion was declared carried.
Item 2: Approval of Minutes: Regular Meeting of January 24, 2017
Member Ford-Dunker moved the minutes of the January 24, 2017 Board of Adjustment meeting be approved. Second by Member Mitchell. All Members present voted aye and the motion was declared carried.
Deb explained the voting requirements and process.
Item 4: New Business
a) Appeal of an Administrative Decision
Appellant claims that staff erred in determining that two sets of siblings and a fifth person does not qualify as a Household as defined by the Land Development Code (LDC): DENIED
Planner Aaron Nelson presented an overview on the background regarding staff’s decision to deny the applicant’s request. He explained the Relevant Code Provisions supporting staff’s decision, and referred to the section of the Land Development Code included in the packet. He also noted the memo in the packet outlining the legal opinion of City Attorney Erik Johnson. Mr. Nelson stated the applicant feels staff erred in their decision and is bringing the appeal before the Board of Adjustment for a ruling.
Discussion by the Board followed including further clarification of the existing Land Use Code Table 20-0401 as it relates to the definition of a “Household”, the guidelines staff followed during their review, and the process and timeline if the appellant chooses to apply for a Conditional Use Permit.
Appellant and property owner Greg Wentz spoke on behalf of the appeal. Mr. Wentz explained when the current lease expires this July; the property will no longer be a rental property and will be occupied by his own family.
Member Lundberg moved to affirm staff’s decision that two sets of siblings and a fifth person does not qualify as a Household as defined by the Land Development Code. Second by Member Boreen. Upon call of the roll Members Lundberg, Mitchell, and Wendel-Daub voted aye. Members Boreen and Ford-Dunker voted nay. Absent and not voting: Member Love. The motion was declared carried.
Item 5: Other Business
No other business was discussed.
Item 6: Adjournment:
Member Mitchell moved to adjourn the meeting at 9:52 a.m. Second by Member Lundberg. All Members present voted aye and the motion was declared carried.