1. Powers and DutiesThe board of zoning adjustment shall have power to grant variances in any exceptions to any of the provisions of this chapter to the extent of the following and no further.
To vary or modify the strict application of any of the regulations or provisions contained in this chapter in cases in which there are no practical difficulties or unnecessary hardships in the way of such strict application. No variance or modifications of the uses permitted within a district shall be allowed.
To permit the extension of a district where the boundary line thereof divides a lot in one (1) ownership at the time of the passage of this chapter, but such extension of any district shall not exceed one hundred (100) feet.
The granting of the variance shall be in harmony with the general purpose and intent of the regulations imposed by this chapter on the district in which it is located and shall not be injurious to the neighborhood or otherwise detrimental to the public welfare.
There must be proof of unique circumstances. There must exist special circumstances or conditions, fully described in the findings, applicable to the land or buildings for which the variance is sought, which circumstances or conditions are peculiar to such land or buildings and do not apply generally to such land or buildings in the neighborhood, and which circumstances and conditions are such that the strict application of the provisions of this chapter would deprive the applicant of the reasonable use of such land or building.
There must be proof of unnecessary hardship. It is not sufficient proof of hardship to show that greater profit would result if the variance were granted. Furthermore, the hardship complained of cannot be self-created; nor can it be established in this basis by one who purchases with or without knowledge of the restrictions; it must result from the application of this chapter; it must be suffered directly by the property in question; and evidence of variance granted under similar circumstances shall not be considered.
That the granting of the variance is necessary for the reasonable use of the land or building and that the variance as granted by the board is the minimum variance that will accomplish this purpose. The report of the zoning board shall fully set forth the circumstances by which this chapter would deprive the applicant of any reasonable use of his land. Mere loss in value shall not justify a variance; there must be a deprivation of beneficial use of land.
That the proposed variance will not impair an adequate supply of light and air to adjacent property, substantially increase the congestion in the public streets, increase the danger of fire, endanger the public safety, or substantially diminish or impair property values within the adjacent neighborhood.
That the granting of the variance requested will not confer on the applicant any special privilege that is denied by this chapter to other lands, structures, or buildings in the same district. The board may prescribe any safeguard that it deems necessary to secure substantially the objectives of the regulations or provisions to which the variance applies.
2. Organization and Terms A board of adjustment is hereby established.
The board shall consist of five (5) members appointed by the mayor and approved by the city council each to serve for a term of three (3) years. Vacancies occurring in said board shall be filled in a like manner. Vacancies for the unexpired term of any member shall be filled for such unexpired period only. Upon the request of the board, the city council shall appoint an alternate member who shall sit as an active member when and if a member of the board is unable to serve at any hearing.
The board shall choose its own chairman and in the chair's absence an acting chairman. All meetings of the board shall be held at the call of the chairman and at such other times as the board may determine.
Such chairman may administer oaths and compel the attendance of witnesses.
All meetings of such board shall be open to the public. Such board shall keep minutes of its proceedings showing the vote of each member on every question. If any member is absent or fails to vote, the minutes shall indicate such fact.
The concurring vote of four (4) members of the board shall be necessary to decide in favor of the applicant any matter upon which said board is required to pass under the provisions of this chapter.
- Kent Anderson
- Tom Behm
- Larry Boltz
- Stacey Kemp
- Mark Peterson
- Del Scholer
- Lyn Vreeland
Bev Collings Email
Inspections Department - 746-2631
- Date: 12/18/2017 5:30 PM - 6:30 PM
- Location: City Council Chambers
City Hall, 255 N 4th Street
Grand Forks, North Dakota 58203
- Video Linkhttp://126.96.36.199/vod/1370-CC-12-18-17-Medium-v1.mp4
GRAND FORKS GROWTH FUND,
A JOBS DEVELOPMENT AUTHORITY (JDA) AGENDA
Monday, December 18, 2017 – 5:30 p.m.
1. GENERAL BUSINESS
1.1 Roll Call
2. JDA ACTION ITEMS
2.1 Hold a Public Hearing and Take Action on a FlexPACE Loan Request from North Sky Construction. (The Grand Forks Growth Fund may convene in an executive session as provided by NDCC 44-04-19.2 to consider and discuss closed or confidential records and information, negotiating strategy or negotiating instructions as provided by NDCC 44-04-19.1, 44-04-19.2 and 44-04-18.4.)
2.2 Hold a Public Hearing and Take Action on a PS Doors Purchase Offer for property located at 5150 12th Avenue South. (The Grand Forks Growth Fund may convene in an executive session as provided by NDCC 44-04-19.2 to consider and discuss closed or confidential records and information, negotiating strategy or negotiating instructions as provided by NDCC 44-04-19.1, 44-04-19.2 and 44-04-18.4.)
GRAND FORKS CITY COUNCIL AGENDA
Monday, December 18, 2017 – 5:30 p.m.
(Immediately following JDA)
Notice is hereby given that the Grand Forks City Council will meet on the above date and time, in the City Council Chambers, 255 North Fourth Street, Grand Forks, North Dakota. Persons with disabilities who may need assistance should contact the ADA coordinator at least 24 hours prior to this meeting at 746-2665.
If you would like to address the City Council during one of its public hearings, or bring to the attention of the Mayor and City Council an item not otherwise on the agenda, please fill out a speaker card in advance and give it to the city’s public information staff person.
- GENERAL BUSINESS
1.1 Welcome and Roll Call
1.2 Mayor's Announcement
- AWARDS, PRESENTATIONS, APPOINTMENTS & PROCLAMATIONS
2.1 Presentation to Finance Department – Certificate of Achievement for Excellence in Financial Reporting – 2016 CAFR
2.2 Employee Recognition
3.1 Public Hearing & Second Reading Ordinance repealing Article 14 of Chapter XXI of the Grand Forks City Code relating to Airport Limousine Service (Sections 21-1401 through 21-1411) and adopting Article 14 of Chapter XXI of the Grand Forks City Code relating to Airport Limousine Service
4. ACTION ITEMS
Revised Resolution, Click Here. (added 12/17/2018)
4.2 Applications for abatement and settlement of taxes for 2015:
Findings: Click Here.
4.9 Budget Amendments :4.10 Programmatic Categorical Exclusion for Project No. 7784, Shared Use Path 6th Ave N ( N 40th St to English Coulee)
4.11 Change Order No. 2, Project No. 7653, Dist. No. 332, Watermain on N 39th St (2200 to 2600 Block & 27th Ave N (3900 to 4000 Block) and Change Order No. 1, Project No. 7650, Dist. No. 536, Storm Sewer on N 36th St (2000 to 2100 Block), N 39th St (2000 to 2600 Block), & 20th Ave N (3600 to 3800 Block)
4.12 Design, Bidding and Construction Administration Engineering Services Agreement for Project No. 7541, Sanitary Forcemain along 62nd Ave S (Levee to S Washington St) and along S Washington St (Southend Drainway to Lift Station No. 39)
Revised Ordinance: Click Here.
5. INFORMATION ITEMS
6. CITIZEN REQUEST
7. APPROVAL OF MINUTES AND BILLS:
8. CITY ADMINISTRATOR COMMENTS
9. MAYOR AND COUNCIL MEMBER COMMENTS