Board of Adjustment

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1. Powers and Duties

The 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.
  1. 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.

  2. 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.

  3. 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.

  4. 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.

  5. 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.

  6. 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.

  7. 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.

  8. 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.

  1. 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.

  2. 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.

  3. Such chairman may administer oaths and compel the attendance of witnesses.

  4. 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.

  5. 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.

3. Members

  • Kent Anderson

  • Tom Behm

  • Larry Boltz

  • Stacey Kemp
  • Mark Peterson
  • Del Scholer

  • Lyn Vreeland


    Ex-Officio
    Mayor-Michael Brown

Staff

Bev Collings    Email
Inspections Department - 746-2631    

City Council

  • Date: 03/19/2018 5:30 PM - 6:30 PM
  • Video Linkhttp://24.111.34.94/vod/1386-CC-3-19-18-Medium-v1.mp4

GRAND FORKS CITY COUNCIL AGENDA

Monday, March 19, 2018

Council Chambers

 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. 


1.         GENERAL BUSINESS

 
  1.1   Welcome and Roll Call

  1.2   Mayor's Announcement

           a) Update on Community Poverty Actions

 
2.         AWARDS, PRESENTATIONS, APPOINTMENTS & PROCLAMATIONS

2.1       Street Projects Update - Click here for presentation

2.1       Employee recognition

 
3.         PUBLIC HEARINGS AND SECOND READINGS OF ORDINANCES

3.1       Public Hearing and 2nd Reading Ordinance to designate R/W Opportunity Park First Resubdivision (This item will be tabled at the meeting.)

 

3.2       Public Hearing and 2nd Reading Ordinance to amend the zoning map – Columbia Park West PUD (This item will be tabled at the meeting.)

 

3.3       Public Hearing and 2nd Reading Ordinance to amend Section 18-0211 of the Grand Forks Land Development Code; R-4 Multiple-Family High Density District, Paragraph (11), Special Conditions.

 

3.4       Public Hearing and 2nd Reading Ordinance – rezoning Crary’s Second PUD Amendment #5

 

3.5       Public Hearing and 2nd Reading Ordinance amending Grand Forks City Code Section 8-0811 relating to parking enforcement

 

3.6       Public Hearing and 2nd Reading Ordinance amending Grand Forks City Code Section 8-0812 relating to parking time limits

 

3.7       Public Hearing and 2nd Reading Ordinance amending Grand Forks City Code Section 13-0202 relating to Food Code Update

 

3.8       Public Hearing – 2017 Consolidated Annual Performance and Evaluation Report (CAPER)

 
4.         ACTION ITEMS

 
4.1       Application for transfer of Class 1 (General On- and Off-Sale) Alcoholic Beverage License from TJ’s Pool & Darts (dba TJ’s Pool and Darts) to VS&G Company, LLC (dba Pub 76), located at 1210 South Washington St

 

4.2       Award Bids for Project No. 7846, 2018 ADA Curb Ramps & Sidewalks

 

4.3       Create Special Assessment District for Project No. 7888, District No. 549; Project No. 7889, District No. 337; and Project No. 7890, District No. 550 – Sanitary Sewer, Watermain and Storm Sewer for Crary’s 8th Resubdivision

 

4.4       Award Bid #2018-03, 2018 Water Meters and Electronic Remote Transmitters (ERT’s)

 

4.5       Purchase of Route Planning Software

 

4.6       ND Section 5310 Funding Application

 

4.7       ND Section 5339 Funding Application

 

4.8       Final Approval (Fast Track) of the replat of Black Gold First Addition

 

4.9       Preliminary Approval of an ordinance establishing zoning regulations for Medical Marijuana Compassion Centers as defined in NDCC 19-24.1

 

4.10     Preliminary Approval of an ordinance amending Section 18-0301 Sign Code as it relates to R-3 & R-4 signage

 

4.11     Preliminary Approval of an ordinance amending the Street and Highway Plan to designate rights-of-way on the plat of Gornowicz Resubdivision

 

4.12     Preliminary Approval of an ordinance to annex lands platted as Gornowicz Resubdivision

 

4.13     Funding for Project No. 7916, 2018 Mill & Overlay and ADA Accessible Improvements on Washington Street from Hammerling Avenue to 8th Avenue North

 

5.         INFORMATION ITEMS

5.1       Investment Portfolio Summary as of February 28, 2018

6.         CITIZEN REQUEST

7.         APPROVAL OF MINUTES AND BILLS:

7.1       Vendor List

7.2       Minutes – March 5, 2018 (Revised 03/19)

8.         CITY ADMINISTRATOR COMMENTS

 
9.         MAYOR AND COUNCIL MEMBER COMMENTS

 
10.       ADJOURNMENT


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