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constructed up to the OHW setback area. Under no circumstances <br /> shall a fence be constructed closer than 10 feet from the surface of <br /> a public road and in all cases not within the public right-of-way. <br /> Materials shall consist of usual fencing materials with posts and <br /> fence of inetal,wood, concrete, brick or smooth wire. Barbed or <br /> electrified wire is prohibited. <br /> Section 17-11.7 VARIANCES <br /> 6. Variances shall be decided within the required time frame with consideration <br /> for the following: <br /> A. The applicant esta.blishes that there are practical difficulties, as <br /> defined in this ordinance, in complying with the official control, and <br /> B. The plight of the landowner is due to circumstances unique to the <br /> properiy not created by the landowner, and <br /> C. T'he deviation from the Ordinance with any attached conditions <br /> will still be in harmony with the general purposes and intent of the <br /> Ordinance and the Comprehensive Plan, and <br /> D. The variance will not create a land use not allowed in the zone, and <br /> E. The variance will not alter the essential chazacter of the locality, <br /> and <br /> F. The variance is not for economic reasons alone, but rea.sonable use <br /> of the property does not exist under the Ordinance. <br /> Staff Findings: Staff provides the following Findings of Fact for consideration <br /> by the Planning Commission: <br /> �. The subject property is located at 2�623 County Road�o�and is in the <br /> "Shoreline Residential"zone. <br /> 2. The property contains a dwelling, garage, shed and concrete pavers. <br /> 3. Applicant proposes to remove the existing dwelling,garage,shed and <br /> concrete pavers and construct a new dwelling, deck and garage. <br /> 4. The existing dwelling is 45 feet from the OHW. <br /> 5. The applicant proposes to construct the new dwelling 65 feet from the <br /> OHW,while the deck would measure 55 feet from the OHW. <br /> 6. The subject property is served by a private deep well and septic system. <br /> Applicant proposes to abandon the existing septic system and install a new <br /> �. The applicant has established that there are practical difficulties in <br /> complying with the Code. A large stand of White Pine and Norway trees <br /> are located at the 75-foot setback and the elevation increases <br /> approximately 6 feet. <br /> Pequot Lakes Staff Report 3(b)-� <br /> February�,5,2oi8 <br />