Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Land Use Variance topic
No spam. Unsubscribe anytime.
West Fargo approves variance and conditional use for oversized accessory building along Cheyenne River
Summary
The West Fargo City Commission and acting Board of Adjustment approved a variance to the Cheyenne River Corridor building control line and a conditional use permit allowing an 1,800-square-foot accessory structure at 12640 Ninth Avenue East, after staff said a geotechnical report found soils stable and the applicant signed required waivers.
On April 21 the West Fargo City Commission, sitting first as the Board of Adjustment, voted to modify the Cheyenne River Corridor Overlay District building control line and then, sitting as the City Commission, approved a conditional use permit allowing an accessory building larger than 1,000 square feet at 12640 Ninth Avenue East in the McManus States Second Edition subdivision.
The proposal calls for a single-story, 1,800-square-foot accessory structure that would encroach into the overlay district’s 100-foot river setback. Planning staff said the project is similar in appearance and materials to the existing house and to other accessory buildings previously approved in the neighborhood. A geotechnical report prepared by Ron Intertek found soils within the footprint sufficiently stable, and city engineering staff reviewed that report with no concerns.
Staff told commissioners the Planning and Zoning Commission held a public hearing April 15 and recommended conditional approval of both the variance and the conditional use permit, with conditions that the owner sign a liability waiver and a conditional-use agreement. The owner had signed those agreements before the commission meeting, staff said.
Commissioner Zundell moved to approve the building-control-line adjustment in the Board of Adjustment role; Commissioner Anderson seconded and the motion passed by voice vote. The commission then approved the conditional use permit, with Commissioner Zundell moving and Commissioner Olson seconding; that motion also passed by voice vote.
The applicant told the commission there would be minimal site disturbance along the riverbank. “No, there’s no trees along the riverbank that will be disturbed at all,” the property owner said, adding that one tree in the middle of the lot would be removed but it is set back from the river.
Because the variance modifies a river setback, the city record will include the signed waiver and the geotechnical report as conditions of approval. No neighbors objected, staff said; the notification radius for the project was 350 feet.
The approvals allow the applicant to proceed with building permits subject to the signed agreements and any standard permitting and inspection requirements.
