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: 04/02/2018 5:30 PM - 6:30 PM
  • Video Linkhttp://24.111.34.94/vod/1391-CC-4-2-18-Medium-v1.mp4

GRAND FORKS CITY COUNCIL AGENDA

Monday, April 2, 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   Pledge of Allegiance

           1.3   Mayor's Announcement

 

2.         AWARDS, PRESENTATIONS, APPOINTMENTS & PROCLAMATIONS

 
           a)   Day of Dignity and Respect for all American Workers – April 4, 2018

           b)   Community Development Week – April 2-6, 2018

           c)   National Public Health Week – April 2-6, 2018

           d)   National Public Safety Telecommunications Week – April 8-14

           e)   Fair Housing Proclamation

           

3.         PUBLIC HEARINGS AND SECOND READINGS OF ORDINANCES

 

3.1       Public Hearing on Resolution of Necessity and Determination of Protest on the following projects:

 

           a)   Project No. 7794.1, District No. 715.1, Mill & Overlay – N 20th St (University Ave-Gateway)

           b)   Project No. 7794.2, District No. 715.2, Mill & Overlay – S 20th St (24th-32 Ave S)

           c)   Project No. 7794.3, District No. 715.3, Mill & Overlay – Belmont Rd (Park Dr-32nd Ave S)

           d)   Project No. 7794.4, District No. 715.4, 27th Ave S (S 20th St to 28th Ave S); S 19th St (25th-27th Ave S); 25th Ave S (S 20th-S 19th St)

           e)   Project No. 7718, District No. 712, Adams Drive Reconstruction

           f)   Project No. 7668, District No. 213, Street Lights for 45th Ave S (S 25th St to Columbia)

           g)   Project No. 7810, District No. 215, Street Lights 12th Ave N & N 53rd St (10th Ave N-N 55th St)

           h)   Project No. 7811, District No. 216, Street Lights S 48th St & S 47th St (Demers Ave-11th Ave S)

           i)   Project No. 7800, District No. 718, Paving 47th Ave S (Columbia Rd-S 20th St)

 

4.         ACTION ITEMS

 
4.1       Actuarial report for Defined Benefit Pension Plan

 
4.2       Pension Investment Policy and Funding Strategy

4.3       Request for Grand Forks-East Grand Forks Metropolitan Planning Organization (GF-EGF MPO) to consider possible elimination of potential future bridges over the Red River for local traffic

 
4.4       Approve Plans & Specifications:

 
           a)   Project No. 7776, Upgrade Controls & Drives in Flood Pump Stations #201, 204, 207, 208

           b)   Project Nos. 7888, 7889 and 7890, Districts Nos. 549, 337, and 550, Sanitary Sewer, Watermain, and Storm Sewer for Crary’s 8th Addn

 

4.5       Award Bids:

 
           a)   Project #7874 - ARV Tee Replacement Between Demers & Wastewater Treatment Plant


           b)   Projects No. 7794.1, District No. 715.1 – Mill & Overlay for N 20th St (University Ave to Gateway Dr.), Project No. 7794.2, District No. 715.2 – Mill & Overlay for S 20th St (24th Ave S to 32nd Ave S), Project No. 7794.3, District No. 715.3 – Mill & Overlay for Belmont Rd (Park Dr. to 32nd Ave S), Project No. 7794.4, District No. 715.4 – Mill & Overlay for 27th Ave S (S 20th St to 28th Ave S), S 19th St (25th Ave S to 27th Ave S), and 25th Ave S (S 19th St to S 20th St), Project No. 7794.5, - Overlay for 62nd Ave S (S Washington St to 500’ west of Belmont Rd), and Project No. 7718, District No. 712 – Adams Drive Reconstruction (Desiree Dr. to 62nd Ave S)

 
          
c)   Project No. 7668, District No. 213, Street Lights for 45th Ave S (S 25th St to Columbia Rd), Project No. 7810, District No. 215, Street Lights for 12th Ave N and N 53rd St (10th Ave N to N 55th St), and Project No. 7811, District No. 216, Street Lights for S 48th St and S 47th St (Demers Ave to 11th Ave S)

 
         
d)   Project No.7800, District No. 718–Paving/Street Lights on 47th Ave. S (S 20th St–Columbia)

 
          
e)   Project Nos. 7807 and 7808, District Nos. 546 and 335 – Storm Sewer & Watermain for 57th Ave. South (S 11th – Washington)

 
          
f)   Project No. 7830 – 2018 Street Light Maintenance – Sunbeam Area

 
4.6       Approve CPMA for Project No. 7823, 2018 School Sign Replacement

 
4.7       Approve Construction Engineering Services Agreement for Project No. 7567, Columbia & 17th Turn Lanes

 
4.8       Approve Construction Engineering Services Agreement for Project No. 7591, South Washington St. & 44th Traffic Signal

 
4.9       Award Bid #2018-13, 2018 Fleet Vehicles

 
4.10     Award Bid #2018-14, Public Works Street Division Patching Machines

 
4.11     Award Bid #2018-15, Public Works Operations Roll Off Truck

4.12     Award Bid #2018-7, 2018 Public Works Mowing & Maintenance

 
4.13     Award Bid – Project No. 7902, 2018 Residual Pond Rip Rap

 
4.14     Wastewater Treatment Plant Pump Purchase

4.15     Cost Participation and Maintenance Agreement for Project No. 7916 – Mill and Overlay Washington Street from Hammerling to 8th Avenue N

 
5.         INFORMATION ITEMS

 
6.         CITIZEN REQUEST

7.         APPROVAL OF MINUTES AND BILLS:

 
7.1       Vendor List and Engineer’s Estimate

 
8.        CITY ADMINISTRATOR COMMENTS

           a)   Alerus Center Update

           b)   Opportunity Zones update

           c)   NDMoves Pop-up Projects update

           d)   2018 Arts Regranting Allocation update

 
9.           MAYOR AND COUNCIL MEMBER COMMENTS

 
10.         ADJOURNMENT


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