Bismarck Board of Adjustment - 2026-02-05
Meeting Intelligence Preview
Meeting Summary
The Bismarck Board of Adjustment denied a variance request from Henry and Lisa Gerbing at 602 Merritt Drive to increase accessory building area from 1,200 to 1,320 square feet for a proposed 120 square foot shed to house well equipment. The board voted 4-1 to deny, finding no qualifying hardship as the circumstances were of the applicant's own making. The board also approved updated bylaws reducing membership from six to five members.
Key Decisions (2)
Variance Denial at 602 Merritt Drive
Henry and Lisa Gerbing requested a variance from Section 14-03-01-B-4 to increase accessory building area from 1,200 to 1,320 square feet to construct a 120 square foot shed to protect a private irrigation well and house water purification equipment. A 1,200 square foot accessory building was already constructed in 2024. The board found no qualifying hardship as the circumstances were created by the applicant, not exceptional lot conditions.
Board of Adjustment Bylaws Update
The board approved updated bylaws with two changes: reducing board membership from six to five members to match current state requirements, and adding clarification that denial of a variance requires only a simple majority (3 of 5) rather than four concurring votes needed for approval.
Development Activity (1)
Gerbing Accessory Building
Existing 1,200 square foot accessory building constructed in 2024; proposed additional 120 square foot shed (10x12) to protect irrigation well and house water purification system on combined double lot in R-5 zoning district
Market Signals (2)
Other
City of Bismarck maintains strict 1,200 square foot maximum for residential accessory buildings regardless of lot size, with no planned changes in the upcoming Land Development Code update.
Housing Demand
Clear Sky Edition subdivision features combined lots with spec homes, indicating demand for larger residential parcels with accessory building potential.