Commission backs first reading to tighten Cheyenne Riverbank setback; soils-only exception removed

The West Fargo City Commission on Monday approved on first reading an amendment to the city’s Cheyenne River Corridor Overlay (COSR) zoning district that removes a soils‑analysis‑only path to locate buildings closer than 100 feet to the riverbank.

Aaron Nelson, director of planning and zoning, told commissioners the COSR currently allows variances to construct buildings as close as 50 feet from the riverbank if a licensed engineer demonstrates soils are sufficiently stable. The draft amendment removes that single‑criterion deviation and requires any request to deviate from the 100‑foot building control line to follow the standard variance process (section 4‑5‑66 of the city ordinance), which requires demonstrating unique circumstances and hardship.

Nelson said the change responds to a formal request from the Southeast Cass Water Resource District and follows an increase in requests over the previous two years to place buildings closer to the riverbank. The proposed amendment also clarifies the types and extent of minor development activities (for example limited infrastructure or low‑impact improvements) that may be allowed within the 100‑foot control area.

A public commenter said he favored stronger enforcement of the control line. Commissioners discussed whether the amendment would end requests for in-ground pools and other encroachments; Nelson said the measure raises the bar and adds scrutiny, not an absolute prohibition—applicants could still seek a variance but would need to meet the city’s stricter variance criteria.

Commissioner Olsen moved to approve the first reading; Commissioner Anderson seconded. The motion carried and the ordinance proceeds as a first reading for subsequent consideration.