BOARD OF ADJUSTMENT MEETING MINUTES
March 10th, 2014
OPENING CEREMONIES AND PRESENTATIONS
I.
CALL TO ORDER
Larry Bares called the meeting to order at 7:30am. Chairman
II. ROLL CALL
PRESENT:
Scott Bullinger, Trevor Ernst, Blaine Dukart, Pat Bren and Larry Bares
ABSENT:
STAFF:
Ed Courton, Steven Josephson, and Matt Kolling
STANDARD MOTIONS
1. MINUTES – Minutes for February 10th, 2014 submitted for approval.
MOTION BY: Scott Bullinger
SECOND: Pat Bren
To Approve the February 10th, 2014 minutes.
DISPOSITION: Motion carried unanimously.
REGULAR AGENDA
1.
TO CONSIDER AN INCREASE OF ACCESSORY STRUCTURE AREA SQUARE FOOTAGE
AT 719 SOUTH MAIN.
Mike Hatzenbuiler would like to add onto his garage so he can put his “toys” into
storage. Neighbors are not opposed.
City Planner Steven Josephson stated that last month Mr. Hatzenbuiler appeared
at the Board of Adjustment meeting. The variance was denied because the
applicant didn’t provide written support from his neighbors. Mr. Hatzenbuiler
submitted written support prior to the March BOA meeting.
MOTION BY: Blaine Dukart
To approve the request.
SECOND: Pat Bren
DISPOSITION: Motion carried unanimously.
2.
TO CONSIDER A REAR YARD BUILDING SETBACK REDUCTION FROM 20 FEET TO 10 FEET FOR
LOTS 31, 32, 35 AND 36, BLOCK 5 OF COUNTRY OAKES ESTATES SECOND ADDITION.
Mary Anderson, associate with Able Inc. working in conjunction with Sullivan
Construction, requested a building set back reduction from 20’ to 10’ in order to
build a 6-plex. Ms. Anderson submitted letters of support from the neighbors in
the surrounding area.
City Planner Steven Josephson explained the setback reduction request.
Janel Stoneking spoke on behalf of one of the potential residents. Ms. Stoneking
stated that the project is important to a person with disabilities who want to live
on their own. This will give people with disabilities a quality of life they wouldn’t
have in a group setting, with parents or a caretaker.
MOTION BY: Blaine Dukart
To approve the request.
SECOND: Scott Bullinger
DISPOSITION: Motion carried unanimously.
3.
TO CONSIDER A FRONT YARD BUILDING SETBACK REDUCTION FROM 20 FEET TO 10
FEET FOR A PROPERTY LOCATED AT 385 15TH STREET WEST.
Jay Wilhelm, owner of Prairie Maid Laundry at 385 15th Street West, requested a
front yard building setback reduction from 20’ to 10’. Mr. Wilhelm is requesting
this reduction in order to add onto his business and accommodate the food
truck. Mr. Wilhelm would also like to be granted this reduction to avoid building
over the water and sewer line.
Mr. Bullinger asked if there would be adequate parking for the building. Mr.
Wilhelm showed the Board his plans and explained his request and addition in
detail.
City Planner Steven Josephson explained the setback reduction request. Mr.
Josephson then explained the City has a condition that landscaping along 15th
Street West shall be approved by the City before a Certificate of Occupancy will
be issued. This reduced setback request will line up with the set back of the
existing building to the east.
Mr. Josephson received a phone call from the owner of the Bonanza, the
restaurant across the street, and they are not opposed to the request.
MOTION BY: Pat Bren
To accept the variance request.
SECOND: Scott Bullinger
DISPOSITION: Motion carried unanimously.
4.
CONSIDER AN APPEAL OF THE COMMUNITY DEVELOPMENT DIRECTOR’S DECISION
RELATING TO DENIAL OF THE ISSUANCE OF SIGN PERMITS TO MODIFY EXISTING
SIGNS AT THE FOLLOWING LOCATIONS:
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U.S. Interstate 94-Mile Marker 64.6950;
U.S. Interstate 94-Mile Marker 64.8060;
U.S. Interstate 94-Mile Marker 64.9080;
U.S. Interstate 94-Mile Marker 65.0250; and
U.S. Interstate 64-Mile Marker 65.1190;
And for new signs at the following locations:
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1st Avenue/Villard (Dakota Motors);
2169 2nd Avenue West (Dickinson Tire, Inc);
497 Elks Drive (Prairie Hills Storage);
2090 3rd Avenue West (Dakota Motors);
2797 3rd Avenue West (Dakota Sew and Co);
1301 West Villard (Pro-Tint);
1907 East I-94 Business Loop (HFC Storage Units); and
600 East Villard (Nodak Motel).
City Attorney, Matt Kolling explained that there are five (5) sign permit
applications to modify existing billboards and eight (8) sign permit applications
for new billboards. The City is in the process of updating the sign code and has
been discussing the matter of off-premise signs (billboards) with the Planning and
Zoning Commission, included in those discussions are representatives from
several sign companies. Mr. Kolling stated today that the Board can act upon
this appeal request or to continue it.
Mike Derby & Bob Lewis of Dakota Outdoor Advertising provided testimony
regarding the appeal of the Community Development Director’s decision for
denying numerous existing and new sign permit applications.
Commission discussion ensued regarding the appeal and how the current sign
code is interpreted by the Community Development Director.
Mr. Dukart made a motion to table this matter until the City Commission has
made a decision regarding the updated sign code. Mr. Bren seconded.
The motion was denied on a 2-3 vote to table the matter until City Commission
action.
Mr. Dukart made another motion for the board to deny the appeal.
MOTION BY: Blaine Dukart
SECOND: Pat Bren
Motion to deny the appeal and affirm Community Development Director’s
interpretation of the current sign code.
DISPOSITION: Motion carried unanimously.
Mr. Kolling stated the applicant can either accept the Board’s decision or
appeal to the City Commission.
OTHER BUSINESS
1.
ADJOURNMENT
There being no further business to discuss.
Meeting adjourned at 8:45am.
PREPARED BY:
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Melissa Gjermundson
APPROVED BY:
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Steve Josephson