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Board of Adjustment

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Board of Adjustment - June 26, 2018 Minutes

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, June 26, 2018.

The Members present or absent were as follows:

Present: Deb Wendel-Daub, Russell Ford-Dunker, Michael Love, Mark Lundberg, Mike Mitchell

Absent: Matthew Boreen

Chair Love called the meeting to order.

Item 1a: Approval of Minutes: Regular Meeting of February 27, 2018
Member Wendel-Daub moved the minutes of the February 27, 2018 Board of Adjustment meeting be approved. Second by Member Ford-Dunker. All Members present voted aye and the motion was declared carried.

Item 1b: Approve Order of Agenda
Member Ford-Dunker moved the Order of Agenda be approved as presented. Second by Member Wendel-Daub. All Members present voted aye and the motion was declared carried.

Item 2: New Business
a) Variance Request – 1620-1632 1st Avenue North: APPROVED
Request for a variance of Section 20-0502 of the Land Development Code. The requested variance is to allow for the location of a prefabricated building that would encroach into the required rear setback area within the GC, General Commercial Zoning District.

Assistant Planner Barrett Voigt presented the staff report and reviewed the criteria used during staff’s analysis of the request. Mr. Voigt stated staff is recommending denial as the review criteria (a) and (c) have not been met.

Applicant Kevin Bartram, MBA Investments, spoke on behalf of the proposal.

Discussion was held regarding the proposal, alternative options, maintaining Fire Department access, and intended use of the site.

Planning Coordinator Aaron Nelson provided information regarding the existing and proposed Conditional Use Permits on the site.

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

Motion #2: Member Wendel-Daub moved to approve the requested variance to allow for the location of a prefabricated building to encroach into the required rear setback area within the GC, General Commercial Zoning District on the basis that the review criteria have been met. Second by Member Mitchell. Upon call of the roll Members Wendel-Daub, Lundberg, Ford-Dunker, and Mitchell voted aye. Member Love voted nay. The motion was declared carried.

Item 3: Adjournment
Member Ford-Dunker moved to adjourn the meeting at 9:28 a.m. Second by Member Wendel-Daub. All Members present voted aye and the motion was declared carried.