Board of Adjustment - November 24, 2020 Minutes
The Regular Meeting of the Board of Adjustment of the City of Fargo, North Dakota, was held virtually in the Commission Chambers at City Hall at 9:00 a.m., Tuesday, November 24, 2020.
The Members present or absent were as follows:
Present: Deb Wendel-Daub, Jared Heller, Michael Love, Mike Mitchell
Absent: Matthew Boreen
Chair Love called the meeting to order.
Item 1: Approval of Minutes: Regular Meeting of August 25, 2020
Member Wendel-Daub moved the minutes of the August 25, 2020 Board of Adjustment meeting be approved. Second by Member Heller. All Members present voted aye and the motion was declared carried.
Item 2: New Business
a) Variance Request – 513 10th Street South: APPROVED
Request for a variance of Section 20-0504 of the LDC. The requested variance is to allow a building addition to encroach into the required interior side setback in 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 the review criteria (a) and (c) have not been met.
Applicants Rebecca and Jordan Green spoke on behalf of the application.
Discussion was held on the proposed layout and design of the project.
Member Wendel-Daub moved to accept the findings and recommendations of staff and deny the requested variance to allow the proposed addition to encroach into the required interior side setback in the MR-3 zoning district on the basis that the review criteria of Section 20-0914.E.1 (a&c) have not been met. Second by Member Mitchell.
Inspections Deputy Administrator Chris Rose spoke on behalf of the Inspections Department. She inquired if existing non-conformities in structures are being evaluated in the Land Development Code (LDC) Diagnostic Study that is currently being conducted.
Planning Coordinator Aaron Nelson noted the LDC Diagnostic is not looking at specific cases, rather higher level issues, but a next step would be to look at more specific items.
Discussion continued on the current layout of the home encroaching on the setback, and the importance of preserving neighborhoods and making older homes more livable.
Members Wendel-Daub and Mitchell withdrew their motion.
Member Wendel-Daub moved to accept the project as presented and allow the proposed building addition to encroach 8 feet into the required interior side setback in the MR-3, Multi-Dwelling Residential, zoning district. Second by Member Mitchell. Upon call of the roll Members Wendel-Daub, Heller, Mitchell, and Love voted aye. Absent and not voting: Member Boreen. The motion was declared carried.
Item 3: Other Business
Item 4: Adjournment
Member Mitchell moved to adjourn the meeting at 9:26 a.m. Second by Member Heller. All Members present voted aye and the motion was declared carried.