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Commission approves 20-foot reduction to Cheyenne River building-control line for Shadow Creek home
Summary
The West Fargo City Commission, sitting as the Board of Adjustment, approved a variance to reduce the building-control line from 100 feet to 80 feet at 4935 35th Avenue East for a single-family home after reviewing a geotechnical soils report; approval conditioned on owner signing a waiver and release of liability.
The West Fargo City Commission, meeting as the Board of Adjustment, voted to allow excavation for footings and grading to encroach up to 20 feet into the Cheyenne River corridor’s 100-foot building-control line at 4935 35th Avenue East, reducing the control line to 80 feet for construction-related earthwork.
City planning director Aaron Nelson told commissioners the applicant hired Bridal Intertech to produce a geotechnical soils assessment. Nelson said the report concluded soils at the site are sufficiently stable for post-construction conditions, and that the Planning and Zoning Commission recommended conditional approval on Jan. 14, 2025. The approval adopted staff recommendations and requires the property owner to sign a city-drafted waiver and release of liability.
The reduction applies only to excavation and earthwork for installing footings and grading; Nelson said the finished house itself is intended to meet the 100-foot setback line, with only a few corners requiring the temporary earthwork encroachment. Mike Lloyd represented the applicants Chad and Paula Onstead; Chad Onstead was present at the meeting.
Commissioner Rory Jorgensen moved to approve the variance and Commissioner Zundell seconded; the motion carried.
The commission acted under the Board of Adjustment authority described in city ordinance section 4-4-3-1, which allows reduction of a required building-control line when a soils analysis demonstrates sufficient stability. Staff included a copy of the Bridal Intertech report and a draft waiver in the meeting packet.
The decision was framed as a site-specific approval tied to the geotechnical findings and the owner’s execution of the waiver. No appeals or further reviews were mentioned in the discussion.
