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West Fargo board tables variance request to build pool inside Cheyenne River setback
Summary
The West Fargo Board of Adjustment tabled a request to reduce a 100-foot building control line so a homeowner can build an in-ground pool that would encroach up to 40 feet. Staff said a geotechnical report found soils presently stable; commissioners deferred a decision pending a letter from Southeast Cass.
The West Fargo Board of Adjustment on Jan. 20 voted to table a homeowner’s request to reduce the city’s 100-foot building control line along the Cheyenne River so an in-ground pool and related improvements could be built.
Aaron Nelson, West Fargo director of planning and zoning, told commissioners the application — for property at 3110 Cheyenne River Way and represented by Mark Knutson — would allow the pool to encroach up to 40 feet into the 100-foot setback. Nelson said the applicant hired American Engineering Testing Inc. to complete a geotechnical soils assessment and that the report concluded “riverbank failure of a sheer plain type exceeds traditional factors of safety and as such, ultimately the soils are sufficiently stable for the proposed construction of the pool improvements.” The staff report and the geotechnical analysis were included in the commission packet.
The Planning and Zoning Commission had recommended conditional approval following its Feb. 11 public hearing, Nelson said, and the recommendation included a condition that the owner sign a waiver and release of liability agreement with the city; a signed waiver was included in the materials provided to the commission.
Commissioners asked technical and policy questions. Commissioner Olsen noted concerns raised in a comment from Southeast Cass that the geotechnical scope did not assess long-term geomorphology or “slow moving creep” that could influence future bank erosion. Dan Hansen, city engineer, explained the 100-foot setback was established in the mid-to-late 1990s based on slope recommendations and similar setbacks used for the Red River, and said Southeast Cass was preparing a letter taking a cautious position on encroachments into the setback.
Because Southeast Cass was preparing a formal letter and several commissioners said they wanted to review that guidance before acting, Commissioner Olsen moved — and Commissioner Jorgensen seconded — to table the variance request until the city receives the Southeast Cass letter. The motion carried by voice vote; all commissioners present signaled aye.
The tabling preserves the status quo while staff receives and analyzes the external agency’s input. The applicant will have to await the Board of Adjustment’s next meeting for further action.
Details from the record: the variance application requests up to 40 feet of encroachment into the 100-foot building control line of the Cheyenne River Corridor Overlay District. The staff report cites section 4-431 of the city ordinances as the provision that allows a reduction in the building control line when soils analysis demonstrates stability. The owners must sign a waiver and release of liability as a condition of any approval, per the staff packet.
