Board of Adjustment - May 23, 2017 Minutes
Regular Meeting: Tuesday: May 23, 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, May 23, 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 1a: Approve Order of Agenda
Member Lundberg moved the Order of Agenda be approved as presented. Second by Member Ford-Dunker. All Members present voted aye and the motion was declared carried.
Item 1b: Approval of Minutes: Regular Meeting of April 25, 2017
Member Ford-Dunker moved the minutes of the April 25, 2017 Board of Adjustment meeting be approved. Second by Member Lundberg. All Members present voted aye and the motion was declared carried.
Item 2: Old Business
a-1) Variance Request – 1423 7th Avenue South: DENIED
Request for a variance of Section 20-0403 of the LDC. The requested variance is to allow construction of a detached garage that would encroach into the required interior-side setback area within the SR-3, Single-Dwelling Residential, zoning district.
A Hearing had been set for April 25, 2017. At the April 25, 2017 meeting the Hearing was continued to this date and time.
Planner Aaron Nelson noted applicant Chad Klimek was not present and has requested a continuation of this item and item 2:a-2. Mr. Nelson continued to present the staff report and reviewed the criteria used during staff’s analysis of the request. Mr. Nelson stated staff is recommending denial as the review criteria of Section 20-0914.E.1 (a, b, and c) have not been met.
Michael Eisert, 1429 7th Avenue South, spoke in opposition of the request. He shared his concerns and referred to the recent Certificate of Survey he submitted to staff, which is included in the packet.
Board discussion began concerning the proper protocol regarding the applicant’s request to continue Items 2:a-1 and 2:a-2, the absence of the applicant at today’s meeting, and the lack of a Certificate of Survey from the applicant as requested by the Board at the May meeting.
City Attorney Erik Johnson affirmed it was the Board’s discretion as to their decision today on Items 2:a-1 and 2:a-2, as both items were discussed in great detail at the May meeting and no additional information has been received by staff from the applicant.
Member Boreen moved the findings of staff be accepted and the variance to allow a garage to be constructed within the required interior-side setback in the SR-3, Single-Dwelling Residential zoning district be denied, on the basis that the review criteria of Section 20-0914.E.1 (a, b, and c) have not been met. Second by Member Lundberg. Upon call of the roll Members Boreen, Lundberg, Ford-Dunker, Mitchell, and Wendel-Daub voted aye. Absent and not voting: Member Love. The motion was declared carried.
a-2) Appeal of an Administrative Decision: DENIED
Appellant claims that staff erred in issuing a stop work order for construction of a detached garage.
Aaron Nelson presented this item that is directly related to Item 2:a-1. Mr. Nelson stated staff recommends that the Board of Adjustment affirm staff’s decision to issue the stop work order.
Member Lundberg moved to affirm staff’s decision to issue the stop work order. Second by Member Mitchell. Upon call of the roll Members Mitchell, Boreen, Lundberg, Ford-Dunker, and Wendel-Daub voted aye. Absent and not voting: Member Love. The motion was declared carried.
Item 3: New Business
a) Variance Request – 1641 5th Street North: APPROVED
Request for a variance of Section 20-0501 of the LDC. The requested variance is to allow a building addition to encroach into the required street-side setback area within the SR-2, Single-Dwelling Residential zoning district.
Assistant Planner Barrett Voigt presented the staff report and noted a correction to the recommended motion to read “street-side” setback and not “interior-side” setback.
Mr. Voigt reviewed the criteria used during staff’s analysis of the request and stated staff is recommending denial as review criteria a and c have not been met.
Applicant Randy Axvig spoke on behalf of the request.
The Board discussed adjacent properties with similar structures, and recommended the applicant have his property surveyed to identify his property lines.
Member Mitchell moved the findings of staff be accepted and the variance to allow the proposed addition to encroach into the required interior-side setback area in the SR-2, Single-Dwelling Residential zoning district be denied, on the basis that the review criteria of Section 20-0914.E.1 (a and c) have not been met. Second by Member Boreen. Upon call of the roll Members Lundberg, Mitchell, Boreen, Ford-Dunker, and Wendel-Daub voted nay. Absent and not voting: Member Love. The motion to deny was denied and the variance was approved.
Item 4: Other Business
No other business was discussed.
Item 5: Adjournment
Member Ford-Dunker moved to adjourn the meeting at 9:46 a.m. Second by Member Mitchell. All Members present voted aye and the motion was declared carried.