Agenda - Planning Commission - 10/04/2007

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September 15, 20071 Volume 1 I No. 18 The court noted that there was also nothing in the record that indi- cated that changes, corrections, or modifications to the motions could not be made at the meeting, stating that: "If the board intended the con- struction of the second garage to be conditioned on the conversion of the first, it could have so stated in the variance." Krol filed the second variance request only at the insistence of the city's building commissioner, but, not only was there no need for a sec- ond variance, the second variance placed was outside the scope of the board's authority. As directed by the commissioner, the second variance was to keep two driveways and two garages, but the ordinance only prohibited more than one garage on a residential property; it did not regulate driveways. FiL""1ally, there was nothing in the city charter that gave the board the power to revoke a validly granted variance, which was the effect of the denial of the second variance. The decision of the lower court, and ulti- mately that of the board, was reversed. Board-Layperson administrative board created to handle ordinance violations Property owner fined by board challenges its authority Citation: City of Fargo v. Malme, 2007 ND 137, 2007 WL 238D344 (N.D. 2007) NORTH DAKOTA (08/22/07)-During 2005, the city of Fargo's building inspections deparrment found violations of cir-y pl811.ning, zon- ing, and l2.J.""1d development code ordinances at a rental property owned by Malme. The city issued an administrative notice and "order to cor- rect" to Malme by mail. Alter the city derermined the violations had not been corrected by the' deadline, the cir-y issued an administrative citation to Malme which was also mailed ro his home address. Malme appealed the citation, and t\1iTO hearings were held before the admiL""1istrative enforcement board. The city had created the board under mw""1icipal code ro be "an alternative method that may be used by the ciry to gain complian.ce with the city's ordinances." The code stated that members of the board had to be "qualified by experience and training to pass on matters relating to the subjects outlined" elsewhere in the code. L""1 addition to contesting the alleged violations on their merits, Malme also sought dismissal for improper service of the admiL""1istrative citation and challenged the authority qf the board to act based on nu- merous constitutional and statutory grounds. At the conclusion of the second hearing, the board unanimously denied Malme's appeal and im- posed a fine for the violations. 11 57