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Board of Adjustment

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Board of Adjustment - August 25, 2020 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, August 25, 2020.

The Members present or absent were as follows:

Present: Deb Wendel-Daub, Matthew Boreen (via conference call), Jared Heller (via conference call), Michael Love, Mike Mitchell

Chair Love called the meeting to order.

Item 1: Approval of Minutes: Regular Meeting of July 28, 2020
Member Wendel-Daub moved the minutes of the July 28, 2020 Board of Adjustment meeting be approved. Second by Member Mitchell. All Members present voted aye and the motion was declared carried.

Item 2: New Business
a) Variance Request – 615 11th Avenue North - WITHDRAWN
Request for a variance of Section 20-0501 of the LDC. The requested variance is to allow a shed to exceed the maximum allowable building coverage in the SR-3, Single-Dwelling Residential, zoning district.
This was the date and time set for a Hearing on an application requesting a variance for property located at 615 11th Avenue North; however, the applicant has withdrawn the request.

b) Variance Request – 3201 33rd Street South: APPROVED WITH CONDITIONS
Request for a variance of Article 21-06 of the Municipal Code. The requested variance is to allow for the construction of a building addition at a lower elevation than would otherwise be required by the City’s Floodproofing Code.
Chair Love abstained from voting on this item.

Planning Coordinator Aaron Nelson presented the staff report and an overview of the request. Mr. Nelson reviewed the Floodproofing Code Standards and stated staff is recommending approval upon conditions that the applicant agree to a waiver of liability against the City.

Stormwater Engineer Jody Bertrand spoke on behalf of the Engineering Department.

Inspections Administrator Bruce Taralson spoke on behalf of the Inspections Department. He noted one additional condition for the recommended motion that the project needs to meet the criteria set by FEMA for substantial improvement that the improvement does not exceed 50% of the value of the current building.

Applicant representative Brian Pattengale, Houston Engineering, spoke on behalf of the requested variance, and noted no issues with the conditions.

Member Wendel-Daub moved the findings of staff be accepted and the variance be approved on the basis that the review considerations of Section 21-0603 have been satisfied, with the conditions that the applicant sign and submit a waiver of liability against the City and the project meet the FEMA criteria requirements for substantial improvement. Second by Member Heller. Upon call of the roll Members Mitchell, Boreen, Heller, and Wendel-Daub voted aye. Member Love abstained from voting. The motion was declared carried.

Item 3: Other Business
None presented.

Item 4: Adjournment
Member Heller moved to adjourn the meeting at 9:15 a.m. Second by Member Mitchell. All Members present voted aye and the motion was declared carried.