Board of Adjustments

Boards, Commissions & Committees

Board of Adjustment - October 26, 2021 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 26, 2021.

The Members present or absent were as follows:

Present: Deb Wendel-Daub, Matthew Boreen, Michael Love, Michael Orth (Alternate)

Absent: Jared Heller, Mike Mitchell

Chair Love called the meeting to order.

Item 1: Approval of Minutes: Regular Meeting of July 27, 2021
Member Wendel-Daub moved the minutes of the July 27, 2021 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 – 1425 Main Avenue: APPROVED
Request for a variance of Section 20-0502 of the LDC and request for a variance of the City’s Floodproofing Code. The requested variances are to allow a building to encroach into the required rear setback in the GC, General Commercial zoning district, and have a lowest opening/finish floor below what would otherwise be required by the City’s Floodproofing Code.

Planning Coordinator Maegin Elshaug presented the staff report and overview of the request.

Jody Bertrand, spoke on behalf of the Engineering department, and reviewed the Floodproofing Code Standards.

Discussion was held on FEMA allowances to the floodproofing code, the waiver of liability contingency, and the FEMA map and adjustments due to the diversion.

Applicant Elissa Novotny, Dovetail Development, spoke on behalf of the application providing a background of the project and application.

Chair love reminded Board Members that this application is requesting two variances, one for the rear setback, and one for the Floodproofing Code.

Discussion was held on the rear setback.

Planning and Development Assistant Director Mark Williams noted that this is an extremely difficult site, and the proposed request is probably the best option.

Member Wendel-Daub moved the findings of staff be accepted and to accept the project as presented and allow the proposed new building to encroach 5 feet into the required rear side setback in the GC, General Commercial, zoning district and allow the lowest opening/finish floor at a lower elevation than as required by the City’s Floodproofing code upon conditions that the applicant agree to a waiver of liability against the City.. Second by Member Boreen. Upon call of the roll Members Orth, Boreen, Wendel-Daub, and Love voted aye and the motion was declared carried.

Item 3: Other Business
No other business was presented.

Item 4: Adjournment
Member Boreen moved to adjourn the meeting at 9:23 a.m. Second by Member Orth. All Members present voted aye and the motion was declared carried.