Board of Adjustment - October 22, 2019 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 22, 2019.
The Members present or absent were as follows:
Present: Deb Wendel-Daub, Russell Ford-Dunker, Michael Love, Mike Mitchell
Absent: Matthew Boreen
Chair Love called the meeting to order.
Item 1: Approval of Minutes: Regular Meeting of August 27, 2019
Member Ford-Dunker moved the minutes of the August 27, 2019 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 – 703 and 705 10th Avenue North: DENIED
Request for a variance of Section 20-0501 of the LDC (Land Development Code). The requested variance is to allow a future townhome project to encroach into the rear setback within the MR-3, Multi-Dwelling Residential zoning district.
Assistant Planner Maggie Squyer presented the staff report and reviewed the criteria used during staff’s analysis of the application. Ms. Squyer stated staff is recommending denial, as review criteria (a) and (c) have not been met.
Applicant Nate Anderson, Uptown Lofts, spoke on behalf of the application.
Discussion was held on alternative configurations of the townhomes and consideration to reduce the number of townhomes to six.
Member Ford-Dunker moved the findings of staff be accepted and the variance be denied to allow the proposed addition to encroach into the required rear setback area in the MR-3, Multi-Dwelling Residential zoning district on the basis that review of Section 20-0914.E.1 (a and c) have not been met. Second by Member Wendel-Daub. Upon call of the roll Members Wendel-Daub, Ford-Dunker, Mitchell, and Love voted aye. Absent and not voting: Member Boreen. The motion was declared carried.
b) Appeal of a Land Management Plan – 430 22nd Street South: DENIED
Appeal of an approved Land Management Plan that allows property owners to plant non-traditional landscaping, as defined in City Ordinances 11-0805 through 11-0812.
City Forester Scott Liudahl presented the appeal and gave a background on the application, land management plans, and the process for approving and appealing them. Mr. Liudahl stated that he has met with both parties and a supplemental agreement was drafted.
Discussion was held regarding how this case is a Board of Adjustment item and how the Board is to review it. Chair Love clarified that this case works like an appeal of an administrative decision, and the Board is to evaluate if City staff erred in issuing the land management plan permit.
Member Ford-Dunker moved the findings of staff be accepted and the land management plan/permit and the supplemental agreement be approved as presented. Second by Member Mitchell. Upon call of the roll Members Mitchell, Ford-Dunker, Wendel-Daub, and Love voted aye. Absent and not voting: Member Boreen. The motion was declared carried.
Item 3: Other Business
No other business was presented.
Item 4: Adjournment
Member Wendel-Daub moved to adjourn the meeting at 9:21 a.m. Second by Member Ford-Dunker. All Members present voted aye and the motion was declared carried.