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Board of Adjustment

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Board of Adjustment - August 27, 2024 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 27, 2024.

The Members present or absent were as follows:

Present: Deb Wendel-Daub, Matthew Boreen, Michael Love, Michael Orth, Marcia Pulczinski, John Gunkelman (Alternate)

Absent: None

Chair Love called the meeting to order.

Item 1: Approval of Minutes: Regular Meeting of May 28, 2024
Member Boreen moved the minutes of the May 28, 2024 Board of Adjustment meeting be approved. Second by Member Wendel-Daub. All Members present voted aye and the motion was declared carried.

Item 2: New Business
a. Variance Request – 2213 7th Avenue North
The request at 2213 7th Avenue North, if granted, would allow a new slab on grade accessory structure to be constructed at a lower elevation than would otherwise be required by the City’s Floodproofing Code, as referenced by Article 21-06 of the Fargo Municipal Code.

Planning Coordinator Kim Citrowske presented the staff report and overview of the request.

Jody Bertrand, spoke on behalf of the Engineering Department, and reviewed the Floodproofing Code Standards.

Discussion was held on FEMA requirements.

Member Wendel-Daub moved the findings of staff be accepted and the variance be approved as requested. Second by Member Pulczinski. Upon call of the roll Members Wendel-Daub, Boreen, Pulczinski, Orth, and Love voted aye and the motion was declared carried.

b. Variance Request – 2301 Lilac Lane North
The request at 2301 Lilac Lane North, if granted, would allow an attached garage to encroach in the required front setback in the SR-2, Single-Dwelling Residential zoning district as outlined in 20-05 of Fargo Municipal Code.

Ms. Citrowske presented the staff report and reviewed the criteria used during staff’s analysis of the application. She stated staff is recommending denial, as the review criteria (a) and (c) have not been met.

Discussion was held on alternative design options.

Applicant Andrew Schefter spoke on behalf of the application.

Discussion continued on the tree size, and setback averaging.

Melissa Gaulrapp, spoke on behalf of the Inspections Department.

Additional discussion was held on historic precedence, the setback of the other property on that side of the street, setback averaging, and alternate designs.

Member Boreen moved the findings of staff be denied and the variance be approved with the condition that the subject property match the existing setback of the adjacent property to the north at 2311 Lilac Lane. Second by Member Wendel-Daub.

Further discussion was held on elevations, and clarification that setbacks are measured between property line and primary structure foundation wall.

Member Pulczinski moved to amend the motion that the roof overhang of the addition be commensurate with the existing roof overhangs of the building. Second my Member Orth. Upon call of the roll Members Pulczinski, Orth, Wendel-Daub, Boreen, and Love voted aye and the motion was declared carried.

Upon call of the roll for the amended original motion, Members Orth, Boreen, Pulczinski, Wendel-Daub, and Love voted aye and the motion was declared carried.

Item 3: Other Business
No other business was presented.

Item 4: Adjournment: Next Meeting September 24, 2024
Member Wendel-Daub moved to adjourn the meeting at 9:21 a.m. Second by Member Boreen. All Members present voted aye and the motion was declared carried.