Board of Adjustment - May 28, 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, May 28, 2024.
The Members present or absent were as follows:
Present: Deb Wendel-Daub, Matthew Boreen, Michael Love, Michael Orth, Marcia Pulczinski
Absent: None
Chair Love called the meeting to order.
Item 1: Approval of Minutes: Regular Meeting of January 23, 2024
Member Wendel-Daub moved the minutes of the January 23, 2024 Board of Adjustment meeting be approved. Second by Member Boreen. All Members present voted aye and the motion was declared carried.
Item 2: New Business
a. Variance Request – 97 23rd Avenue North: DENIED
The request at 97 23rd Avenue North, if granted, would allow an overhead structure (gazebo/pergola) to encroach in the Front Setback in the SR-2, Single-Dwelling Residential zoning district as outlined in 20-05 of the Fargo Municipal Code.
Planning Coordinator Kim 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 the type of structure that would be allowed without a variance, and alternative options that were explored.
Applicant Julie Saatoff spoke on behalf of the application.
Discussion continued on reasons for not locating the structure in the backyard, additional alternative options, the heat of the deck from the sun, and allowable structure options.
Plan Reviewer Melissa Gaulrapp spoke on behalf of the Inspections Department, noting any overhead construction is encroaching in the setback.
Further discussion was held on setting a precedence, how the rewrite of the Land Development Code could impact similar situations in the future, the permanence of the proposed structure, consistency and alignment with the Land Development Code, hybrid options, and property versus physical hardship.
Member Orth moved the findings of staff be accepted and the variance be denied as requested. Second by Member Wendel-Daub. Upon call of the roll Members Wendel-Daub, Pulczinski, Orth, and Love voted aye. Member Boreen voted nay. The motion was declared carried.
Item 3: Other Business
No other business was presented.
Item 4: Adjournment: Next Meeting - June 25, 2024
Member Boreen moved to adjourn the meeting at 9:32 a.m. Second by Member Orth. All Members present voted aye and the motion was declared carried.