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Morton County grants variance for cold-storage building after county-issued permit error; $200 fee waived

Morton County Commission · March 1, 2026
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Summary

Commissioners approved a variance to complete a 30' x 70' cold storage structure, citing a county-created hardship from an erroneously issued building permit, and waived the $200 application fee for the structure at 2544 Lyons Rd. The variance is conditioned on meeting minimum FEMA requirements.

Mandan — The Morton County Commission on Nov. 28 approved a variance allowing completion of a 30‑foot by 70‑foot cold storage structure after finding the county had created a hardship by issuing a building permit in error.

Commissioner Zachmeier moved and Commissioner Leingang seconded to approve the variance, and the commission recorded "all voting aye." The approval noted the applicant had relied in good faith on the earlier permit and had made significant expenditures toward construction. The commission conditioned the variance on the structure meeting minimum FEMA requirements.

Separately, Commissioner Zachmeier moved and Commissioner Morrell seconded to waive the $200 variance application fee for the property at 2544 Lyons Road in Mandan, again citing the applicant's good-faith reliance on a county-issued permit. That motion also passed with "all voting aye." The transcript does not include a formal roll-call tally; the record lists Commissioner Buckley as absent.

The commission did not include in the record the applicant's name or additional permit-file details. The planning/zoning office was directed to document the fee waiver and to verify FEMA compliance prior to final approval or occupancy.

The commission's actions on the variance and fee waiver appear in the meeting record as separate motions and carried during the Nov. 28 session.