Board of Adjustment - January 24, 2017 Minutes
Regular Meeting: Tuesday: January 24, 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, January 24, 2017.
The Members present or absent were as follows:
Present: Deb Wendel-Daub, Matthew Boreen, Russell Ford-Dunker, Michael Love, Mike Mitchell
Also present: Erik Johnson, Jodi Bertrand, Bruce Taralson
Absent: Mark Lundberg
Chair Wendel-Daub called the meeting to order.
Chair Wendel Daub noted a potential conflict of interest for Member Mitchell and the applicant regarding the variance request being heard today.
City Attorney Erik Johnson reviewed the State of North Dakota’s statutory provisions and the procedures the Board would follow when addressing potential conflicts of interest.
Chair Wendel Daub asked for a vote from the Board stating a yes vote means there is a conflict of interest that interferes with the impartiality of voting, and a no vote waives any conflict of interest and approves Member Mitchell be allowed to vote on Item 3a. Upon call of the roll Members Love, Boreen, Ford Dunker and Wendel-Daub voted no. Absent and not voting: Members Lundberg. The motion was declared carried.
Item 1: Approval of Minutes: Regular Meeting of December 22, 2016
Member Ford-Dunker moved the minutes of the December 22, 2016 Board of Adjustment meeting be approved. Second by Member Love. All Members present voted aye and the motion was declared carried.
Item 2: Approve Order of Agenda
Member Mitchell moved the Order of Agenda be approved as presented. Second by Member Love. All Members present voted aye and the motion was declared carried.
Item 3: New Business
a) Variance Request – 510 4th Street South: Request for a variance of Article
21-06 of the Municipal Code. The requested variance is to allow the opening of a proposed building to be approximately 8.9 feet lower, the fill around the building to be 8.9 feet lower, and the fill 15 feet away from the building to be 8.6 feet lower, than would otherwise be required by the City’s Floodproofing Code: DENIED
A Hearing had been for December 22, 2016; however, the applicant requested the Hearing be continued to this time and date.
Senior Planner Donald Kress presented the staff report noting a correction to the requested fill around the building to be minus 8.4 feet, instead of minus 8.9 feet as stated. Mr. Kress referred to the criteria used during staff’s analysis of the request and their recommendation for approval with the following condition: The applicant agreeing to a waiver of liability against the city and with the facility’s organization administering an emergency response plan.
Applicant Tom Eide, CFO for Prairie St. John’s and Architect David Shultz, Shultz and Associates Architects, spoke on behalf of the application.
Board discussion began regarding the option of utilizing the first floor for parking; the accessibility of emergency vehicles; the plan not to use floodable materials when constructing the first floor of the new facility; existing and future flood insurance requirements; and the challenges staff and developers face when reviewing applications for these unique areas of the City.
Stormwater Engineer Jody Bertrand presented Engineering staff’s review of the requested variance.
Fargo resident Thomas Scott Krogman, shared his concerns regarding the flood wall.
Inspections Administrator Bruce Taralson presented his department’s review of the requested variance application.
Member Boreen moved the findings of staff be accepted and the variance to allow the opening of a proposed building to be approximately 8.9 feet lower, the fill around the building to be 8.9 feet lower, and the fill 15 feet away from the building to be 8.6 feet lower be approved, on the basis that the review considerations of Section 21-0603 have been satisfied with the following condition: The applicant agreeing to a waiver of liability against the City with the facility’s organization administering an emergency response plan. Second by Member Mitchell.
Board discussion ensued regarding the need for this variance request to be decided by a higher level authority.
Upon call of the roll Member Mitchell voted aye. Members Boreen, Ford-Dunker, Love, and Wendel Daub voted no. Absent and not voting: Member Lundberg. The variance was declared denied.
Item 4: Adjournment:
Member Love moved to adjourn the meeting at 9:55 a.m. Second by Member
Ford-Dunker. All Members present voted aye and the motion was declared carried.