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Planning commission recommends approval of DMF Addition replat and grants variance for narrower Rusted Lane
Summary
Commission recommended approval of a replat that divides one lot into seven at 45020 Third Avenue East and approved a subdivision variance reducing right-of-way and paving width on Rusted Lane, conditioned on no on-street parking and other improvements.
The West Fargo Planning and Zoning Commission recommended approval of a replat to divide one lot into seven at 45020 Third Avenue East (North Pond at the Preserve, 14th Edition) and approved a related subdivision variance for Rusted Lane East.
Staff said the proposal would create seven lots and dedicate right-of-way; preliminary plans show potential office buildings along the north side of the development with access via Rusted Lane, which aligns with Sixth Street East. The applicant requested a subdivision variance to reduce the standard right-of-way from 80 to 70 feet and the paving width from 40 to 30 feet; staff recommended approval of the replat and the variance with three recommended conditions.
The commission’s recommended conditions are: 1) a signed subdivision improvement agreement must be received prior to final plat approval; 2) the subdivision variance is conditioned on no on-street parking; and 3) either a 10-foot sidewalk easement plus an additional 5-foot utility easement must be added to the plat or additional right-of-way must be dedicated for the sidewalk and future utilities abutting 20 Third Avenue East. Staff advised an engineer for the applicant indicated additional right-of-way would likely be acceptable.
Commissioners asked whether the narrower roadway would affect emergency access. Staff said engineering reviewed the design and noted that on-street parking would be restricted to accommodate the reduced pavement width; the parcels are expected to provide off-street parking for the proposed commercial uses.
A commissioner moved to recommend approval with the three staff recommendations; the motion was seconded and passed by voice vote.
Why it matters: The replat and variance will allow the owner to subdivide the property for commercial sale and development while creating infrastructure commitments through a subdivision improvement agreement and sidewalk/right-of-way conditions.
Next steps: Final plat approval will follow once the subdivision improvement agreement and required dedications or easements are in place; detailed development plans will be reviewed as required by the PUD.
