Schmidt v. City of Minot

In August 2014, the First Western Bank and Trust (Bank) applied for two variances from City of Minot zoning regulations for off-street parking after incorrectly calculating the size of an addition to its bank building. The Bank's application sought to reduce the required number of off-street parking spaces for its building from 131 to 110 and to reduce the required width of each parking space from 10 to 9 feet. After notice to the Bank's neighbors, the Minot Planning Commission met to consider the application, and several neighbors appeared to oppose the application. The Planning Commission approved the application, finding the existence of an exceptional topographical hardship and the variances could be granted without substantial detriment to the public good and without impairing the general purpose and intent of Minot's comprehensive zoning plan. The Planning Commission affirmed its earlier decision approving the application. The City Council later affirmed the Planning Commission's decision. Sixteen Minot residents living near the Bank appealed a judgment dismissing their appeal of the City Council’s decision to grant the Bank's application for zoning variances. The residents argued the district court erred in ruling they lacked standing under N.D.C.C. 40-47-12 to appeal the City Council's decision granting the variances. After review, the Supreme Court concluded the district court erred in applying N.D.C.C. 40-47-12 as grounds for its standing decision. Nevertheless, the Supreme Court concluded the residents were not aggrieved applicants authorized to appeal a variance decision under N.D.C.C. 40-47-11. The Court therefore affirmed the judgment dismissing their appeal. View "Schmidt v. City of Minot" on Justia Law