Council denies variance request for 516 S. Oak Street over setbacks and unpermitted structures

The Evart City Council voted unanimously on Oct. 6 to deny a variance request for 516 S. Oak Street after city records showed the parcel had been updated to reflect two combined lots and outstanding issues with setbacks and unpermitted structures.

City Attorney Eric Williams advised the council that, despite the assessor’s update placing the property within allotted square footage, the outstanding setbacks and the fact that the owner did not obtain permits for existing carports and a garage remained unresolved. "Motion by Fulton to deny the variance request for 516 S. Oak Street," said Mike Fulton when moving the motion; Sandy Szeliga seconded and the motion passed with all in favor. The council recorded that the city’s $500 zoning violation fee applies and directed the owner to begin the permitting process to remedy the violations rather than approving a permanent variance at this time.

The council’s action was procedural — denial was entered "without prejudice," which permits the property owner to return after addressing permitting and setback requirements. The decision stops any current attempt to regularize the structures by variance alone and signals that the city will expect the owner to obtain required zoning permits and meet setback standards before a new variance is considered.