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Board of Adjustment

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Board of Adjustment - October 24, 2023 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, October 24, 2023.

The Members present or absent were as follows:

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

Absent: None

Chair Love called the meeting to order.

Item 1: Approval of Minutes: Regular Meeting of September 26, 2023
Member Boreen moved the minutes of the September 26, 2023 Board of Adjustment meeting be approved. Second by Member Orth. All Members present voted aye and the motion was declared carried.

Item 2: New Business
a. CONTINUED - Appeal of Administrative Decision – 338 9th Avenue South
Appellant claims staff erred in its determination to approve a Land Management Plan / Permit issued at 338 9th Avenue South. Land Management Plan / Permits allow plantings to exceed the maximum 8 inch length as defined by the City of Fargo Municipal Code, Article 11-08.

Planning Coordinator Kim CItrowske provided an overview of the process for an appeal of an administrative decision.

City Forester Scott Liudahl presented the appeal, gave a background and timeline of the application, land management plans, and the process for approving and appealing them.

Discussion was held on the agreement between the adjacent property owner managing the maintenance plan and the City of Fargo, and how the plan works in the future if the property changes hands.

City Attorney Nancy Morris clarified that the agreement is with the current property owner and would not continue under a new owner.

Discussion continued on the management plan and frequency of maintenance.

Appellant Marilyn Seitz, 327 10th Avenue South, spoke on behalf of the appeal.

Ms. Morris spoke on the permit process.

Member Boreen moved the findings of staff be accepted and to affirm staff’s decision to approve the land management plan/permit as presented and deny the appeal. Second by Member Orth. Upon call of the roll Members Wendel-Daub, Boreen, Heller, Orth, and Love voted aye and the motion was declared carried.

Item 3: 2024 Meeting Dates
Chair Love noted the dates of the 2024 scheduled meetings are included in the packet.

Item 4: Other Business
No other business was presented.

Item 5: Adjournment: Next Meeting: November 28, 2023
Member Boreen moved to adjourn the meeting at 9:11 a.m. Second by Member Wendel-Daub. All Members present voted aye and the motion was declared carried.