Board of Adjustment - November 26, 2019 Minutes
The Regular Meeting of the Board of Adjustment of the City of Fargo, North Dakota, was held in the Commission Chambers at City Hall at 9:00 a.m., Tuesday, November 26, 2019.
The Members present or absent were as follows:
Present: Deb Wendel-Daub, Matthew Boreen, Michael Love, Mike Mitchell
Absent: Jared Heller, Russell Ford-Dunker
Chair Love called the meeting to order.
Item 1: Approval of Minutes: Regular Meeting of October 22, 2019
Member Wendel-Daub moved the minutes of the October 22, 2019 Board of Adjustment meeting be approved. Second by Member Boreen. All Members present voted aye and the motion was declared carried.
Item 2: New Business
a) Variance Request – 1350 2nd Street North: APPROVED
Request for a variance of Section 20-0501 of the Land Development Code. The requested variance is to allow an attached garage to encroach into the required rear and interior-side setback within the SR-2, Single-Dwelling Residential zoning district.
Assistant Planner Maggie Squyer presented the staff report and reviewed the criteria used during staff’s analysis of the application. Ms. Squyer stated staff is recommending denial, as the review criteria (a) and (c) have not been met. She also noted that letters in support of the project were submitted to the Board.
The Board discussed the setback requirement distances related to primary and accessory structures.
Applicant Tim Flakoll spoke on behalf of the application. He also provided additional documents to the Board.
Discussion continued on the percentage of building coverage allowed and the size and placement of the mudroom addition that would connect the proposed garage to the existing home.
Member Boreen moved the findings of staff be accepted and the variance to allow the proposed addition to encroach into the required rear and interior-side setback area in the SR-2, Single-Dwelling Residential zoning district be denied as requested. Second by Member Mitchell. Upon call of the roll Members Mitchell and Love voted aye. Members Wendel-Daub and Boreen voted nay. Absent and not voting: Members Heller and Ford-Dunker. The motion died for lack of a majority.
Mark Thiede, RLE Architects, spoke on behalf of the application, confirming the plans submitted are the final plans.
Member Wendel-Daub moved to accept the project as presented and allow the proposed addition to encroach into the required rear and interior-side setback area in the SR-2, Single-Dwelling Residential zoning district. Second by Member Boreen. On call of the roll Members Mitchell, Wendel-Daub, Boreen, and Love voted aye. Absent and not voting: Members Heller and Ford-Dunker. The motion was declared carried.
Item 3: Other Business
Planning Coordinator Aaron Nelson presented the 2020 meeting dates for the Board of Adjustment.
Mr. Nelson also noted that Jared Heller has filled the alternate Board Member position and Member Mitchell accepted a regular Member position on the Board.
Item 4: Adjournment
Member Wendel-Daub moved to adjourn the meeting at 9:47 a.m. Second by Member Mitchell. All Members present voted aye and the motion was declared carried.