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City approves modified site plan for Shadow Creek lot; geotechnical review finds no additional river risk
Summary
The Board of Adjustment, acting as the West Fargo City Commission, approved a modification to a previously granted variance that allows a house to be sited within an 80-foot building control line along the Cheyenne River corridor; an updated geotechnical report found no new risk.
The West Fargo Board of Adjustment, which is composed of the City Commission and convened at the March 3 meeting, approved a modification to a previously authorized variance for a property in the Cheyenne River Corridor Overlay Zoning District.
The action modifies an earlier variance that reduced a required 100-foot building control line to 80 feet at 4930 Fifth Avenue East so a proposed house and driveway can be slightly rotated and moved on the lot. The updated geotechnical report dated Feb. 24, 2025, concluded the revised siting does not create additional risk to the river, and the city engineer recommended approval.
Why it matters: The corridor overlay restricts development to reduce erosion and flood risks along the Cheyenne River. The revised plan places the house about 15 feet closer to the river than the previously evaluated layout but remains within the 80-foot encroachment the Board previously authorized.
Aaron Nelson, West Fargo’s director of planning, told the commission the applicant rotated and adjusted the house location without changing the house design. Nelson said the updated geotechnical report from Braun Intertech "does have a finding that there is no, impact or sufficient impact to the river, and it is sufficiently safe to handle the proposal." The city engineer, Dan Hansen, said the lot sits on the inside of a river bend, is heavily treed, and that "I fully support recommending this approval of this change to his site plan." He added the Southeast Cass Watershed District provided a general letter that supports future tightening of the setback but did not object to the current variance under the existing ordinance.
Commissioners asked for clarification that the revised location would not encroach closer than the previously approved 80-foot setback; Nelson and Hansen confirmed it would not. The Board of Adjustment approved the site plan modification by a voice vote recorded as "aye."
Next steps: The approved modification will be reflected in the property’s site plan and building permits. Any future policy changes suggested by the Southeast Cass Watershed District would require an ordinance amendment to change the 100-foot setback requirement.
