Board of Adjustments

Boards, Commissions & Committees

Board of Adjustment - August 22, 2017 Minutes

Regular Meeting: Tuesday: August 22, 2017

The Regular Meeting of the Board of Adjustment of the City of Fargo, North Dakota, was held in the City Commission Room at City Hall at 9:00 o’clock a.m., Tuesday, August 22, 2017.

The Members present or absent were as follows:

Present: Deb Wendel-Daub, Matthew Boreen, Russell Ford-Dunker, Michael Love, Mark Lundberg

Absent: Mike Mitchell

Also present: Jodi Bertrand, Bruce Taralson

Chair Love called the meeting to order.

Item 1a: Approve Order of Agenda
Member Ford-Dunker moved the Order of Agenda be approved as presented. Second by Member Wendel-Daub. The motion was declared carried.

Item 1b: Approval of Minutes: Regular Meeting of July 25, 2017
Member Wendel-Daub moved the minutes of the July 25, 2017 Board of Adjustment meeting be approved. Second by Member Ford-Dunker. The motion was declared carried.

Item 2: Old Business
a) Variance Request – 3931 and 3949 37th Avenue South: DENIED
Request for a variance of Article 20-06 of the Municipal Code. The requested variance is to allow for the construction of a building addition to an existing manufacturing facility at a lower elevation than would otherwise be required by the City’s Floodproofing Code.
Planner Aaron Nelson presented the staff report, an overview of the request, and an update of the submitted plans. Mr. Nelson stated staff is recommending denial on the basis that the review considerations of Section 21-0603 have not been satisfied.

Discussion was held regarding the change to the submitted plan now being a stand-alone building, and the FEMA base floodplain elevation requirements.

Inspections Administrator Bruce Taralson spoke on behalf of the Inspections Department and presented information on the code for building compliance.

Stormwater Engineer Jody Bertrand spoke on behalf of the Engineering Department.

Applicant representative Nick Dietrich, Dietrich Construction, LLC, and Wayne Erickson, Foss Architecture, spoke on behalf of the requested variance.

Motion #1: Member Ford-Dunker moved the findings of staff be accepted and the variance be denied as requested. Second by Member Boreen. Upon call of the roll Members Ford-Dunker and Love voted aye. Members Wendel-Daub, Boreen, and Lundberg voted nay. The motion failed for lack of a majority.

Motion #2: Member Wendel-Daub moved to approve the variance request with the condition that geo technical data supports that there is no uplift that would affect the grade around the building and that all building parameters meet the requirements of City departments. Second by Member Boreen. Upon call of the roll Members Boreen, Lundberg, and Wendel-Daub voted aye. Members Ford-Dunker and Love voted nay. The motion to approve the variance failed for lack of a supermajority.

Item 3: Adjournment:
Member Lundberg moved to adjourn the meeting at 9:35 a.m. Second by Member Ford-Dunker. All Members present voted aye and the motion was declared carried.