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Board of Adjustments

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Board of Adjustment - July 27, 2021 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, July 27, 2021.

The Members present or absent were as follows:

Present: Deb Wendel-Daub, Matthew Boreen, Jared Heller, Michael Love, Mike Mitchell

Absent: None

Chair Love called the meeting to order.

Item 1: Approval of Minutes: Regular Meeting of March 23, 2021
Member Boreen moved the minutes of the March 23, 2021 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) Appeal of Administrative Decision
Appellant claims staff erred in its determination that Sign Permit No. SG20080664, dated November 28, 2008, is expired and that the proposed sign can no longer be constructed under the terms of that sign permit.
Planning Coordinator Aaron Nelson presented the staff report, a background of the project, and reviewed the process for appeals of administrative decisions. Mr. Nelson stated the question before the Board is, did staff err in its determination that Sign Permit No. SG20080664, dated November 28, 2008, is expired and that the proposed sign can no longer be constructed under the terms of that sign permit.

Discussion was held on the proposed size of the sign, past and current ownership of the property and the current code sign requirements.

Appellant Josh Gilleland spoke on behalf of the application.

Further discussion was held on the notarized document from Dave Currier included in the packet, if the City Building code distinguishes between temporary or permanent permits, and the extension process for permits.

Inspections Director Bruce Taralson and Melissa Gaulrapp spoke on behalf of the Inspections Department.

Chair Love inquired if this issue has previously occurred when work has begun, and was not completed.

Ms. Gaulrapp stated this is the first where the foundation has been done and then a period of time passed before coming back.

Mr. Taralson provided a hand out to the Board of communication from former City Employees regarding sign permit expiration.

Discussion continued regarding the sign code, International Building Code, and permitting process.

Member Boreen moved the findings of staff be accepted and to affirm staff’s decision that Sign Permit No. SG20080664, dated November 28, 2008, is expired and that the proposed sign can no longer be constructed under the terms of that sign permit. Second by Member Wendel-Daub. Upon call of the roll Members Wendel-Daub, Boreen, Heller, Mitchell, and Love voted aye. The motion was declared carried.

Item 3: Other Business
a) Board Membership Update (Informational Item)
Mr. Nelson introduced the Board’s new Alternate Member Michael Orth, and new Assistant Planner Adam Martin.

b) Annual Nomination and Election of Officers
-Chairperson
Member Boreen moved Michael Love be nominated as the Board of Adjustment Chairperson. Second by Member Heller. All Members present voted aye and the motion was declared carried.

-Vice-Chairperson
Member Boreen moved Deb Wendel-Daub be nominated as the Board of Adjustment Vice-Chairperson. Second by Member Love. All Members present voted aye and the motion was declared carried.

Item 4: Adjournment
Member Heller moved to adjourn the meeting at 9:46 a.m. Second by Member Boreen. All Members present voted aye and the motion was declared carried.