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Commission backs zoning change tightening riverbank variance process for Cheyenne Corridor
Summary
The commission voted to recommend an amendment to Title 4 to treat the Cheyenne River Corridor building control line as a standard setback, require variance criteria plus soils analysis for variances, and remove a parking-lot exception from allowable encroachments.
The West Fargo Planning and Zoning Commission recommended approval of a zoning ordinance amendment to Title 4 that revises the Cheyenne River Corridor Overlay (COSR) building control line and the variance process.
Planning staff member Aaron explained the proposal to remove a historic provision that allowed applicants to submit a soils analysis to request an encroachment up to 50 feet inside the 100-foot building control line. Under the proposed amendment, the building control line would be treated like any other dimensional standard; applicants seeking relief would apply for a standard variance and must meet the ordinance’s four variance criteria. Aaron said the city would also retain the requirement that a soils analysis prepared by a registered engineer be submitted for any variance seeking encroachment toward the riverbank.
Aaron described the overlay’s purpose: “to protect the Cheyenne River Corridor from encroachment of development activities, both to protect the river corridor as well as to protect those structures that are in proximity to the river, from riverbank erosion or sloughing.” He said staff and engineering revised the ordinance language after a request from the Southeast Cass Water Resource District to make the variance process more restrictive.
Commission debate focused on whether parking lots should be allowed as a limited exception inside the building control line. Aaron said the current redline proposed allowing certain low-impact improvements—“small sheds, ... decks, fences, paved surfaces”—but noted possible inconsistency in how parking lots were treated. Commissioner Eric Dodds said he preferred to remove parking lots from the exceptions and require a full variance. "I would maybe prefer to take that out of the exceptions paragraph and leave it as a requirement to get a variance if you wanna put a parking lot, you know, closer than a hundred feet," Dodds said. Commissioner Steve moved to strike the parking-lot exception; Commissioner Mike Thorsted seconded. The motion carried on a voice vote and the overall amendment recommendation carried as presented.
Staff told commissioners the change does not eliminate a variance pathway but makes it harder to obtain: applicants must now satisfy the four standard variance criteria in addition to providing soils engineering when seeking encroachment. No members of the public spoke at the public hearing.
The commission will forward its recommendation to the city commission for final action.
