May 26, 2020
The Regular Meeting of the Board of Adjustment of the City of Fargo, North Dakota, was held virtually at 9:00 a.m., Tuesday, May 26, 2020.
The Members present or absent were as follows:
Present: Deb Wendel-Daub, Matthew Boreen, Russell Ford-Dunker, Michael Love, Mike Mitchell
Absent: Jared Heller
Chair Love called the meeting to order.
Item 1: Approval of Minutes: Regular Meeting of November 26, 2019
Member Wendel-Daub moved the minutes of the November 26, 2019 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 – 2402 Lilac Lane North: APPROVED
Request for a variance of Section 20-0403 of the Land Development Code. The requested variance is to allow a detached garage to encroach into the required front setback in 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.
Applicant Brian Martin spoke on behalf of the application.
Discussion was held regarding how the proposal will affect existing trees and fence.
Member Boreen moved the findings of staff be accepted and the variance be denied as recommended.
The motion failed for lack of a second.
Discussion continued regarding the design and location of the proposed structure.
Member Ford-Dunker moved to accept the project as presented and allow the proposed detached garage to encroach into the required front setback in the SR-2, Single-Dwelling Residential zoning district. Second by Member Wendel-Daub. Upon call of the roll Members Wendel-Daub, Boreen, Ford-Dunker, Mitchell, and Love voted aye. The motion was declared carried.
b) Variance Request – 2921 1st Avenue North: APPROVED WITH CONDITION
Request for a variance of Section 20-0502 of the Land Development Code. The requested variance is to allow a building addition to encroach into the required interior-side setback in the LI, Limited Industrial zoning district.
Ms. 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.
Applicant Mike Peterson spoke on behalf of the application.
Member Wendel-Daub asked about an existing No-Build Easement Agreement and if staff is in the process of reviewing this agreement.
Chris Rose, Inspections Deputy Administrator, stated staff has asked the property owner to record this agreement if the variance is approved, so that it follows the property through the life of the building. She noted it is the property owner’s responsibility to record the No-Build Easement Agreement.
Discussion began regarding adding a condition to the motion that the agreement must be recorded if the variance is approved, and that staff has reviewed and verified that the agreement information is correct.
Mr. Peterson continued with further details regarding his proposal.
Discussion continued regarding the feasibility of building the addition offset from the existing structure.
Member Wendel-Daub moved to accept the project as presented and allow the proposed building addition to encroach into the required interior-side setback in the LI, Limited Industrial zoning district on the condition that the No-Build Easement Agreement is recorded. Second by Member Ford-Dunker. Upon call of the roll Members Mitchell, Boreen, Ford-Dunker, Wendel-Daub, and Love voted aye. The motion was declared carried.
Item 3: Other Business
No other business was discussed.
Item 4: Adjournment
Member Ford-Dunker moved to adjourn the meeting at 9:39 a.m. Second by Member Wendel-Daub. All Members present voted aye and the motion was declared ca